SD 565 
.fl7 
1883 
Copy 1 



INSTHUCrrONS 



SPECIAL AGENTS 



GKNERAL LAND OFFICE 



Ari'OlXTKJ) TO 



nmm timiier dupujdations upon liovKHMEKT lands 



PROTECT THE PUBLIC TIMBER FROM WASTE AND DESTRUCTION. 



\vasiii:ngtois;. 

GOVERNMENT PBINTING OFFICE.. 

1883. 



INSTRUCTIONS 



SPECIAL AGENTS 



us 
GENERAL LAND OFFICE 



APPOINTKU TO 



PREVENT TIMBER DEPREDATIONS UPON GOVERNMENT LANDS 



PROTECT THE PUBLIC TIMBER FROM WASTE AND DESTRUCTION. 



WASHINGTON: 

aOVERNMENT PRINTING OFFICE. 
1883. 



12483 



^^>v 



l).o^ 



0.. 



Department of tue Interior, 

General Land Office, 
Washinffton, I). C, June 1, 1883. 
ThefoUowiug iustnictious to special timber agents and the rules and 
regulations contained herein are hereby' prescribed by this office, and 
all special timber agents of this office will hereafter be governed by and 
comply with the same. 

All previous instructions and rules and regulations prescribed by this 
office in conflict herewith are rescinded. 

X. C. McFARLAND, 

Commissioner. 

Department op the Interior, 

June 1, 1883. 

Approved. 

H. M. TELLER, 

Secretcif'y. 

{3) 



INSTRUCTIONS 



S F» E CI A^ I. TIIVIBER AOENTS 



DESIGNATION OF SPECIAL AGENTS. 

1. Special ageuts of the General Lan<l Office, Interior Department, 
ai)i)()inretl to prevent depredations upon the public timber and to pro- 
tect the same from waste and destruction will hereafter be designated 
as " si)ecial timber agents." 

QUALIFICATIONS OF SPECIAL TIMIJER AGENTS. 

2. A special timber agent must, in order to render intelligent and 
eflective service, have a thorough understanding as to tlie object 
sought to be accomplished in protecting the timber growing upon 
(^lovernment laud ; the classes of lands upon which the timber needs 
protecting, or upon which timber depredations are liable to be com- 
mitted ; what ])ersons are authorized or permitted to fell or remov^e 
timber therefrom, to what extent and for what purpose; what con- 
stitutes a timber trespass upon Government land ; what penalties are 
attached to such trespass, and what are the duties of a special timber 
agent in the premises. 

To this end the following directions and instructions are issued. For 
ready reference they have been arranged under several headings, and 
the paragraphs under each heading numbered. 

Special timber agents are expected to study these instructions closely 
and carefully until they have thoroughly familiarized themselves witli 
the nature of the duties devolving upon them. 

OBJECT OF PROTECTING TIMBER UPON GOVERNMENT LAND. 

3. The object of the Government in endeavoring to prevent the waste 
and destruction of public timber is, primarily, to preserve it for the 
wants of future generations — having, of course, due regard for the 
requirements of the present. The result of the destruction of forests 
in permitting a more rapid melting of the snows in spring than would 
occur in the same region if well sheltered, and in decreasing the capac- 
ity of the soil to retain moisture after rains — in both cases increasing 
the liability to sudden and devastating floods, not only in the denuded 
sections, but sometimes hundreds of miles distant — also the well-estab- 
lished climatic influence of such destruction in diminishing the annual 
rainfall, to the serious detriment of regions already subject to frequent 
droughts, are other reasons which render the iireservatiou of the public 
timber a matter of vital importance not only to the agricultural but to 
many other extensive interests. 

(5) 



CLASSES OF GOVERNMENT LAND. 

4. Government land embraces all land the title to which is in the 
Government; and for the present purpose may be divided into lour 
classes : 

1st. Vacant unoccupied public land ; 

2d. Land covered by homestead, pre-emption, or other entry, upon 
which the claimant has not so fulfilled his obligations under the law as 
to entitle him to patent ; 

3d. Mineral lands ; 

4tlj. Military, naval, Indian, and other Government reservations. 

A^ACANT PUBLIC LAND. 

5. All unoccupied lands of the United States to which no valid claim 
has attached, and which are subject to homestead, j^re-emption, or other 
entry, or which can be sold or otherwise disposed of by the United 
States, are vacant public lands. 

6. F'rom such lands, if not mineral in character (see " Mineral lands," 
page 7), no person or persons can lawfully fell or remove any timber, 
except right of way railroad companies for certain purposes, and under 
certain conditions. 

(See "Right of railroad companies to take timber from public land," 
page 9.) 

LANDS COVERED BY HOMESTEAD OR PRE-EMPTION ENTRY. 

7. Lands covered by homestead or pre-emption claims are lands upon 
which citizens of the United States have made entry, and have filed 
certain papers in the proper district land oftice, obligating themselves 
to conform to the requirements of the law as to occupancy, cultivation, 
and improvement. 

8. The claimant to any such land, provided he is living upon, culti- 
vating, and imi^roving the same in accordance with law and the rules 
and regulations prescribed by this Department, is permitted to cut and 
remove, or cause to be cut and remov^ed, from the portion thereof to be 
cleared for cultivation, so much timber as is actually necessary for that 
purpose, or for buildings, fences, and other improvements on the land 
entered. 

9. In clearing for cultivation, should there be a surplus of timber 
over what is needed for the purposes above specified, he may sell or 
dispose of such surplus; but it is not allowable for him to denude the 
land of its timber for the i)urpose of sale or speculation until he has 
made final proof and acquired title. (See Decisions 3, 4, and 5, appen- 
dix, page 29.) 

10. Where the facts justify the conclusion that the person has made 
his entry in good faith, and is cultivating and improving the land with 
the purpose of making it his home, the agent need not consider it his 
duty to report everj' deviation from the i^recediug rule. But where the 
person does not make the land his actual residence, and cultivate and 
improve the same, or where the value of the timber cut and removed 
is greatly in excess of the improvements, or where other facts afford a 
strong presumption that the entry was not made in good faith, but 
solely for the purpose of denuding the land of its timber, the case 
should be at once reported to this office. 

11. No i^erson other than the one making the entry has a right to cut 
timber from such land for any purpose whatever. 



MINERAL LANDS. 

12. Mineral lauds are those which are more valuable for the uiiueral 
therein than for agricultural purposes or for the timber thereon. 

13. The right to take timber from mineral lands for building:, agri- 
cultural, mining, or other domestic purposes is specially provided for 
iinder act of Congress approved June 3, 1878, as follows: 

Be it enacted by the Senate and Ilnuw. of Representatives of the United Stafeji of America in 
(Jongrejis assembled, That all citizens of the United States and other persons, bona fide 
residents of t]ie State of Colorado or Nevada, or either of the Territories of New Mexico, 
Arizona, Utah, Wyoming, Dakota, Idaho, or Montana, and all other mineral dLstricta 
of the United States, shall he, and are hereh^', authorized and permitted to fell and re- 
move, for building, agricultural, mining, or other domestic purposes, any timber or 
other trees growing or being on the public lands, said lands being mineral, and not sub- 
ject to entry under existing laws of the United States, except for mineral entry, in 
either of said States, Territories, or districts oT which such citizens or persons may be at 
the time i!(o»rt ^rfe residents, subject to such rules and regulations as the Secretary of the 
Interior may prescribe for the protection of the timber and of the undergrowth growing 
upon such lands, and for other purposes: Provided, The provisions of this act shall not 
extend to railroad corporations. 

Sec. 2. That it shall be the duty of the register and the recei%er of any local land 
office in whose district any mineral land may be situated to ascertain from time to time 
whether any timber is being cut or used upon any such lands, except for the purposes 
authorized by this act, witliin their respective land districts; and, if so, they shall im- 
mediately notify the Commissioner of the General Land OtTfice of that fact; and all 
necessary expenses incurred in making such proper examinations shall be paid and 
allowed such register and receiver in making up their next quarterly accounts. 

Sec. 3. Any person or persons who shall violate the provisions of this act, or any 
rules and regulations in pursuance thereof made by the Secretary of the Interior, shall 
be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not 
•exceeding five hundred dollars, and to which may be added imprisonment for any term 
not exceeding six months. 

14. Rules and regulations under the preceding act have been iwe- 
scribed by this Department under dates of August 16, 1878 (see pages 
24 to 26), July 1, 1880, and July 1, 1882; but those of the two earlier 
■dates are no longer in full force, the one having been revoked and the 
other modified by that of the last-named date, which is as follows : 

The rules and regulations heretofore prescribed by this Department under act of Con- 
gress approved June 3, 1878, entitled " An act authorizing the citizens of Colorado, Ne- 
vada, and the Territories to fell and remove timber from the public domain for mining 
and domestic purposes," are hereby modified as follows: 

All citizens and Iwna fide residents of the States and Territories mentioned therein are 
authorized to fell and remove, or employ others to fell and remove, or to purchase from 
others who fell and remove, any timber growing or being upon the public mineral lands 
in said States or Territories ; Provided, 

1. That the same is not for export from the State or Territory where cut. 

2. That no timber less than eight inches in diameter is cut or removed. 

3. That it is not wantonly wasted or destroyed.* 

******* 

As the rules and regiilations in relation to the cutting and removing of timber from 
the public mineral lands are modified as hereinbefore stated, all agents and officers of 
this Department are hereby instructed that in reporting cases of alleged trespass they 
will be governed in their report upon the mineral or non-mineral character of the land 
by the following general rule: 

Where the lands are situated in districts of country that are mountainous, intersperse<l 
with gulches and narrow valleys, and minerals are known to exist at different points 
therein, such lands, in the absence of proof to the contrary, will be held to be mineral 
in character; but where there are extensive valleys, plains, or mountain ranges, and no 
known minerals exist, the land may be considered and treated as non-mineral. 

* The portion of the circular here omitted related to the right of railroad companies 
to take timber; and has been amended by office circular of March 3, 1883 (approved 
March 5, 1883). See "Right of railroad companies to take timber," page 9.) 



8 

Said agents and officers are further instructed that liereafter, in forwarding reports in 
cases of timber trespass, a simple statement to the effect that the lands in question are 
mineral or non-mineral in character will not he regarded by this office as sufficient proof: 
evidence establishing that fact must in all ca»se8 accompany and form a part of said 
report. 

In investigating cases of timber trespass in mineral districts said agents and officers 
will be careful hereafter to report only those cases in which there has been a violation of 
the rules and regulations above specified. 

All rules and regulations heretofore prescribed by this Department in cases of timber 
trespass upon public lands nou-mineral in character remain in force. 

All rules and regulations or instructions heretofore prescribed under said act of June 
3, 1878, by this Department inconsistent with the provisions contained in this circular 
are hereby rescinded. 

15. The following' portion of the circular issued by this office under 
date of September 19, 188ii (approved September 21, 1882), applies also 
to the cutting and removal of timber from public mineral lands author- 
ized by said act of June 3, 1878 : 

One of the most dangerous elements to contend with in case of forest fires, and one of 
the principal auxiliaries to the spread of the same, is the dry tops of trees wliich parties 
leave upon the ground after having cut and removed the timber for saw logs and other 
purposes. When the tree tops can be profitably cut into wood, the person cutting svicli 
trees on public land — when such cutting is authorized by law — must cut the tops into 
wood, or at least cut up and pile the brush in such manner as to prevent the spread of 
fires. 

A failure on the part of woodsmen to utilize all of the tree that can profitably be used, 
and to take reasonable precaution to prevent the spread of fires, will be regarded by this 
office as wanton waste, and subject them to prosecution for wanton waste and destruc- 
tion of public timber. 

16. Nonresidents of a mineral district are not authorized, under any 
circumstances, to fell or remove timber from public mineral lands in 
said district, except for use in such district. 

17. Railroad companies are prohibited from the privileges granted in 
said act; that is, they cannot take timber from public mineral lands 
for buildings, fuel, &c.; but are not prohibited from taking timber 
from such lands for construction purposes, as authorized under act of 
March 3, 1875. 

18. Special attention is called to the fact that the authority granted 
in said act of June 3, 1878, applies exclusively to lands which are 
strictly mineral in character and subject to mineral entry only. The 
evidence must be positive that such lands are more valuable for the 
mineral thereon than for any other purpose, and that they are not 
suitable for agricultural purposes or cultivation, or valuable solely for 
the timber thereon. 

19. Every report of an alleged depredation upon public land in a 
mineral district must be accompanied by affidavits from two entirely 
disinterested and responsible persons as to the mineral or non-mineral 
character of the land. (See Forms No. 11 and 12, page 36.) 

20. The object of the Deiiartment in providing that such timber 
shall not be exported is, to protect the settlers in sparsely timbered 
districts from being deprived of the timber necessary for their domestic 
uses. It IS not, however, the intent of the Department to strictly en- 
force a technical prohibition in cases where the interests of the settlers 
in the districts from which timber is cut and removed are not injuriously 
affected thereby. 

21. The removing of timber or lumber from one State or Territory 
across the line into an adjoining State or Territory, but not out of the 
same general district or section of country, is not such exportation as 
it is intended to prohibit. 



22. In investigating cases of alleged export, si)ecial timber agents 
must examine carefully into all the facts, and report in full, especially 
as to the manner in which the settlers and residents of the district from 
which the/ timber is cut and removed are atfected thereby. 

23. The object of the J)ei)artment in i)rohibiting the cutting or 
removing of trees less than eight inches in diameter is the preserva- 
tion of the young timber and undergrowth, so as to provide a supply 
for the future, when such trees shall have matured. But it is not the 
intention to i>roliibit the cutting or removal of any full-grown tree 
belonging to a si)ecies which, icheii mature, does not exceed eight inches 
in diameter, or of any mature tree; nor of trees of any descrii)tion, even 
if less than eight inches of diameter, if it can be shown that there were 
no other trees in that vicinity. Therefore in investigating cases of 
alleged trespass where the trees cut or removed are of less than the 
prescribed size, the agent must ascertain and report the species of tree 
so cut or removed, the average size which trees of that species attain 
in that section of country, and whether the trees cut and removed were 
growing trees, or trees of mature growth, whether the trees in that 
vicinity generally are less than eight inches in diameter, and all other 
facts necessary to be known to enable this office to determine whether 
the cutting was that of mature trees of less than the required size, or of 
the largest trees obtainable in that locality even if less than eight 
inches in diameter, or whether it was a case of wanton and wasteful 
destruction of the public timber. 

24. Locators of mining claims, so long as they comply with the law 
governing their possessions, are invested by Congress with the exclusive 
right of possession and enjoyment of all the surface included within 
the lines of their locations. If a locator neglects to protect himself 
and his possessions, the law does not assume that the United States 
is injured by the cutting and use of the timber on such claim. It is 
the duty of the possessor to care for his own if trespass be atterai)ted 
by a stranger; he alone is concerned for its protection, and may un- 
doubtedly maintain suit to that end. (Secretary's decision, September 
30, 1882.) 

MILITARY, NAVAL, INDIAN, AND OTHER GOVERNMENT RBSERVATIONH, 

25. The timber upon military, naval, Indian, and other Government 
reservations is the property of the United States, and no person has 
the right to fell or remove the same unless employed by the Govern- 
ment for that purpose. Therefore, any timber trespass discovered upon 
such reservations must be reported to this office (in the same manner 
as trespass upon vacant public land) for reference to the proper De- 
partment. 

RIGHT OF RAILROAD COMPANIES TO TAKE TIMBER FROM VACANT 

PUBLIC LANDS. 

26. All land-grant railroads are authorized, in the granting act, ta 
take timber from the public land adjacent thereto, for construction 
purposes. This authority, however, is confined strictly to timber for 
construction purposes only, in every grant except that to the Denver and 
Rio Grande Railroad, which authorizes said road to take timber for 
repairs also. 

27. All right-of-way railroads are authorized to take timber from the 
public lands adjacent to the line thereof, for construction purpose^s 



10 

■only, under act of March 3, 1875 (Supplement to the Eevised Statutes, 
-chapter 152), as follows : 

AN ACT granting to railroads the rijjlit of way through the public lands of tlie United StatcH. 

Be it enacted, <&c. * * * 

Section 1. That the right of way through the public lands of the United States is 
liereby granted to any railroad company duly organized under the laws of any State or 
Territory, except the District of Columbia, or by the Congress of the United States, 
which shall have filed with the Secretary of the Interior a copy of its articles of incor- 
poration; and due proofs of its organization under the same, to the extent of one hundred 
feet on each side of the central line of said road; also the right to take, from the public 
lands adjacent to the line of said road, material, earth, stone, and timber necessary for 
the construction of said railroad. 

***** * -x- 

Sec. 4. That any railroad company desiring to secure the benefits of this act shall, 
Avithin twelve months after the location of any section of twenty miles of its road, if the 
same be upon surveyed lands, and if upon unsurveyed lands, within twelve months 
a.fter the survey thereof by the United States, file with the register of the land office for 
the district where such land is located a profile of its road; and upon approval thereof 
by the Secretary of the Interior, the same shall be noted upon the plats in said office; 
.and thereafter all such lands over which such right of way shall pass shall be disposed 
of subject to such right of way: Frovidrd. That if any section of said road shall not be 
completed within five years after the location of said section, the rights herein grunted 
shall be forfeited as to any such uncompleted section of said road. 

Sec. 5. That this act shall not apply to any lands within the limits of any military 
park, or Indian reservation, or other lands especially reserved from sale, unless such 
right of way shall be provided for by treaty stipulation or by act of Congress heretofore 
passed. 

Sec. 6. That Congress hereby reserves the right at any time to alter, amend, or repeal 
this act, or any part thereof. 

28. Circuhirs of instructions relative to the construction to be placed 
upon the preceding act have been issued by this office under dates of 
July 15, 1881 (approved July 19, 1881), JuneSO, 1882 (approved July 1, 
1882), July 22, 1>82, and March 3, 1883 (approved March 5, 1883). None 
of said circulars are now in force except the last, which is as follows : 

The first section of the act of Congress, approved March 3, 1875 (18 Stat., p. 482;, 
granting to railroads the right of way through the public lands of the United States, 
provides that any railroad company organized 'as therein described shall have "the right 
to take from the public lands adjacent to the line of said road, material, earth, stone, 
and timber necessary for the construction of said railroad. ' ' 

In determining the rights of railroad companies under the foregoing provision you will 
be governed by the following instructions: 

1. Said provision refers exclusively to contemplated or unconstructed roads. Com- 
panies have no right to take timber or other material under this act for repairs, fuel, or 
for the further improvement of roads already con.structed. 

2. The right granted to any railroad company under this act to take timber or other 
material from the public lands "adjacent to the line of said road " for construction pur- 
poses is construed to mean that, in procuring timber or other material for the purposes 
indicated in the act, the same must be obtained from the public lands in the neighbor- 
hood of the line of road being constructed, and within the terminal points of such road, 
if possible. If, however, it should be found that the material required in the construc- 
tion of such road cannot be procured from the public lands in the neighborhood of, and 
within the terminal limits of, such road, then it is permitted that such company may 
obtain the material required outside the terminal limits of the road under construction; 
such material, however, to be taken from such points as are most accessible and neare^ 
to the terminal limits thereof. , 

3. All duly organized railroad companies under this act, upon the filing and accept- 
ance of proi^erly authenticated copy of their articles of incorporation and organization, 
and map of definite line of location, are entitled (as provided in paragraph numbered 2 
of this circular) to take timber from any of the public lands not otherwise reserved or 
previously occupied according to law, whether the same be mineral or non-mineral in 
character. 

4. In the procurement of timber or other material for construction purposes, such com- 
pany must, before causing the cutting or removal thereof, appoint in writing one or more 
persons as their duly authorized agent or agents for that purpose. Copies of all such 



11 

appoiiitnienta must l)e filed in this otlicr for its informiition, in order thut such company 
may be held responsible for any violation of the rules and regulations as herein prescribed 
in relation to the cutting or removal of timber or other material from the public lands by 
such agent or those emploj, ed by or under him. 

5. AH such duly appointed agents have authority to employ others to procure from 
such public lands and deliver to them, for the use of su(;h company, all material required 
for the purposes specified in the act. It is immaterial whether such persons are employed 
by the day or by the piece; but no authority can 1)0 given by such railroad company to 
the general public to cut timber from the public lands. 

6. No railroad company organized according to the provisions of this act is entitled to 
procure, or cause to be procured, either by itself or through any of its agents, any timber 
or other materiijl from the public lands tor sale or other disposal either to other com- 
panies or to the general public. 

7. The right to take timber from the public lands by such railroad company, or its 
agents, is confined to such timber or other material as is actually necessary in original 
construction of same, and ceases when such road is open to the public for general use. 

8. In the procurement of such timber from the public lands, none less than eight inches 
in diameter is permitted to be cut or removed ; no waste or destruction of timber Ls allow- 
able, and the tops and laps of all trees must be cut and piled in order that the spread of 
ibrest fires may be checked thereby. 

All rules and regulations or instructions heretofore prescribed under said act of March 
3, 1875, by this Department, inconsistent with the provisions contained in this circular, 
are hereby rescinded. 

29. There is no law antlioriziug individuaLs to cut timber from the 
public lands and sell the same to railroads at a certain ])rice per tie, or 
per thousand feet, or under contract, even thoufiii it may be used for 
construction purposes. Tlie right is conferred only u[)on the railroads 
themselves; therefore the person cutting such timber must be in the 
actual employ of tlie road or its agent. 

30. The terms " lands adjacent to the line of the road " are indefinite, 
and cannot be confined to any prescribed limits. On this point the 
special timber agent must use his best judgment. As a ruh^. such lands 
are deemed to be the nearest, most accessible, and available public 
lands within the terminal points of the road from which the road can 
procure suitable material ; but Congress never intended to grant to 
any railroad superior rights to those of the settler ; therefore, where a 
railroad passes through a sparsely timbered section of country, and the 
taking of timber from such lands would prevent or discourage settle- 
ment along the line of said road, or be a hardshij) to those who may 
have already settled in that locality, by depriving them of the necessary 
material for buildings, fences, fuel, &c., the railroad should be encour- 
aged to take timber from other convenient, heavily timbered, and thinly 
settled sections of country adjacent to the line of said road. 

31. By the granting acts, and by the act of March 3, 1875, the right 
to take timber is liuiited to consiruction purposes exclusively (except in 
case of the Denver and Kio Grande Railroad); therefore when a road 
is once completed the privilege ceases, and after that any cutting of 
timber by the railroad is a trespass. 

32. The portion of office circular of September 19, 1882 (approved 
September 21, 1882), directing that the tops and brush of trees be cut 

"Vp and piled in order to prevent the spread of fires (see page 30), ap- 
plies ftlso to the cutting and removal of timber from the public lantls 
for the' construction of railroads. 

WHAT CONSTITUTES A TIMBER TRESPASS. 

33. Any person who fells or removes timber, or who hires others to 
fell or remove timber, or who incites or induces others to fell or remove 
timber from Government land, for his personal benefit or advantage, or 



12 

for the purpose of speculation and gain (except he has the right or i)er- 
mission so to do as specified under heads of " Lands covered by home- 
stead or pre-emption entry," "Eight of railroad companies," and "Min- 
eral lands"), is a timber trespasser upon Government land. 

34. Any ]>erson who is authorized by law, or- permitted, to fell and 
remove timber from Government land, who fails to utilize all of the 
trees cut that can possibly be used, or to remove the brush and take 
every reasonable ijrecaution to prevent the spread of forest fires ; or 
who, in any other particular wastes and destroys the public timber, is 
guilty of timber trespass upon Government land. 

35. Any person who commits timber trespass ui)on Government land 
is liable to both criminal prosecution and civil suit; criminal prosecu- 
tion for the act of trespass, and civil suit for the value of the material 
taken and the damages sustained, together with costs of court, and also 
the cost of survey and scalement when the same shall be necessary to 
accurately determine the extent of trespass and the amount of damages. 
(See circular of March 1, 1883, pages 31 and 32.; 

36. The person or persons who contract for, purchase, or receive said 
timber are also liable to civil suit for the value thereof and the damages 
sustained, together with costs as above. (See circular of March 1, 1883, 
pages 31 and 32.) 

37. Timber unlawfully cut from Government land is the property of 
the United States, and is subject to seizure as such, wherever or in what- 
ever condition it may be found, and from any party having possession 
of it, or who in any way lays claim to it. 

38. Cut timber is not a part of the realty and does not go with the 
land; it is personal property and the value of the same can be sued for 
after the laud has been parted with by the Government. 

39. The value of such timber in a civil suit is the value of the timber,, 
or lumber, at the place where and in the condition when found. (See 
decision No. 5, Appendix, page 29 ; also circular of March 1, 1883, pages. 
31 and 32.) 

40. Criminal actions are barred by the statute of limitation after the 
lapse of three years ; but there is no limitation as to time when the Gov- 
ernment may bring civil action for the value of the property and dam- 
ages. 

DUTIES OF A SPECIAL TIMBER AGENT. 

41. Special timber agents are assigned to duty in certain States or 
districts, wherein they will have a general supervision and charge over 
all timber upon Government land. 

42. It is their duty to keep themselves thoroughly informed as to the 
condition of the timber upon the Government land in their respective 
districts, and to protect and preserve said timber from waste and de- 
struction from any and all sources. (See office circular of September 
19, 1882, approved September 21, 1882, relative to forest fires, &c.,. 
page 30.) 

43. In enforcing a compliance with the several laws relative to the pro- 
tection and preservation of the public timber, and the rules and regula- 
tions prescribed thereunder by this Department, much must necessarily 
be left to the discretion and judgment of special timber agents ; as the 
evidence of violations of said laws, or of the rules and regulations, is- 
in nearly every instance a question of fact which can only be ascer- 
tained by personal examination and investigation. 

44. Special timber agents should remember that it is not the purpose 
of the law, nor of the regulations of this Department, to prohibit the 



13 

use of so much of the public timber us may be actually needed by bona 
fide settlers for aijricaltural and domestic puri)oses, but to prevent its 
being n)adc an article of specndation for the pecuniary gain of a few 
individuals to the detriment of the many, or from being wantonly 
was1;ed or destroyed. When an agent understands this, and convinces 
the people in the district to which he is assigned that such is the case, 
he, will find no difdculty in securing their active support and co- 
ojjieration. 

45. Whenever you have information tliat any timber has been unlaw- 
fully felled or removed froin (Jovernment land, you should visit the 
ground anil investigate said alleged trespass in person, in order to be 
able to report the case from i)ersonal knowledge and observation. 

40. You should ascertain the character of the land from which the 
timber has been felled or removed, whether it is vacant, unoccupied pub- 
lic land, or covered by homestead, pre e!ni)tion, or other entry; whether 
it is within the limits of the grant to any railroad, or of any Govern- 
ment reservation; and whether it is mineral or non-mineral. 

47. The i)urpose of the Government is to prevent the unlawful taking 
of timber from all (government lands until the title to such lands has 
actually passed from the United fStates. 

48. Many claims and entries are made upon (iovernment land which 
from one cause or another are never consummated, and the land finally 
reverts to the Government. It is therefore fully as important to pre- 
serve the timber upon such lands from unlawful spoliation as it is on 
vacant public lands upon which tliere never has been any claim. 

49. Having ascertained the character of the land, and that it is such 
as should be protected from timber trespass, you should next ascertain 
who committed the trespass. 

oO. It is not the object of the Government to persecute poor wood- 
choppers, or cutters who are employed or induced to fell or remove the 
timber for others who are to reap the profits therefrom ; but to punish 
the principals therein, or the parties to be directly benefited in the case, 
they being the more guilty parties. 

51. Care should be taken to ascertain whether the alleged trespasser 
has any right or authority to take such timber, as specified under heads 
of " Homestead or pre-emption entry," " Kight of railroad companies, 
&c.," and "Mineral lands," pages G to 11.) 

52. Having ascertained the above facts and become satisfied that 
the person is nnlawfully felling or renu)ving timber from the Govern- 
ment land, you should next find good and reliable witnesses to establish 
all the facts necessary to a successful prosecution of the person com- 
mitting the trespass. 

53. Having all the facts in your possession you should, at once, fill 
out a form of report (in duplicate) and transmit the same to this office, 
being particular to state the facts in full under each head, and in accord- 
ance with instructions given under the head of " Manner of making 
reports of timber trespass." 

54. It is imperative that all names shall be given in full, written 
plainly, and spelled correctly. An important suit might be lost through 
neglect of the agent in this particular. 

MANNER OF MAKING REPORT OF TRESPASS. 

55. It is impossible to prescribe a form of report which will call for 
only the information needed in each particular case; therefore the form 



14 

prescribed calls for (dl tlie inforiuation that it is thought can be u'eded 
in any case. 

56. It is the duty of the special timber agent to follow the form of 
report closely in every case, and to give all the information called for 
under each head, where practicable; and where not practicable, to state 
the reason therefor. 

(1.) State name of trespasser in full, with post office address and 
residence; where the trespass is committed by a firm, state firm name 
and post office address ; also name in full, post office address, and resi- 
dence of each member of the firm. Where by an organized company 
or corporation, state name of company and location of home office; 
also name in full, j)ost office address, and residence of each officer, and 
of the manager or local superintendent. 

(2.) Describe the land trespassed upon. 

If surveyed, state subdivision of section, section, township, and 
range. 

If unsurveyed, define the locality by streams and other natural ob- 
jects, distance, and direction from nearest surveyed lands, cities, towns^ 
etc. 

(3.) Describe the character of the land, whether vacant public land 
or covered by homestead, pre-emption, or other entry; whether mineral 
or non-mineral land ; whether within railroad limits or Government 
reservation. 

If the land is vacant public land, no further description as to char- 
acter is necessary. 

If the land is covered hx homestead, i)re-emption, or other entry, 
state the kind of entry, and, under the diagram on second page of re- 
port, give the following information in the order named : 1. I^ame of 
person making entry. 2. Date of entry. 3. Whether the party per- 
manently resides on the place. 4, Whether he has any family. 5. 
Nature of improvements (if any) and whether permanent or temporary. 
6. Estimated value of improvements. 7. If any of the ground is cleared 
or cultivated, state how much and to what extent. 8. Any other infor- 
mation which will tend to show whether the person made entry in good 
faith or for the purpose of cutting the timber therefrom and abandon- 
ing same. 

If the land trespassed upon is within a mineral district, the report 
must be accompanied by affidavits as to the mineral or non-mineral 
character of the land (see Forms 11 and 12, page 36). Affidavits from 
two responsible persons are required in each case; and if the trespass 
was on mineral lands the following information must be stated under 
the diagram on second page of report, viz: Whether the trespass con- 
sisted in cutting trees less than 8 inches in diameter, in wanton waste 
and destruction of the public timber, or whether any of the timber or 
lumber was exported or cut for exi)ort from the State or Territory 
where the cutting was done. (See "Mineral lands" pages 7 to 9.) 

If the timber was cut or removed from indisputably mineral lands, 
and none of the provisions relative to the cutting thereon have been 
violated (see "Mineral lands," pages 7 to 9), no report whatever in the 
case is necessary. 

If the land trespassed upon is within railroad limits, state, under 
diagram on second page of report, the name of the railroad; and the 
distance of the land from the line of the road. 

(4.) Give the date or dates upon which the timber was cut, and the 
date or dates upon which it was removed. 



15 

(5.) State whether the trespass consisted in only cutting the timber^ 
or in cutting and removing the same; or in removing the same after it 
had been (.'ut by otlier (unknown) parties. 

(6.) State kind of timber; whether pine, oak, or other wood. (See 
cir(^ilar rehitive to mesquite, ap]>roved October 12, 1882, page 31.) 

(7.) State number of each kind of trees cut or removed. 
•(8.) State number of feet, board measure, or number of railroad ties, 
cords of wood, i)oles, posts, or other material into which the timber may 
have been manufactured. 

(9.) Describe log mark or marks, and state the name of the person 
wlio uses su€h mark to represent his property, giving post ollice address 
and residence. 

(10.) State where the timber is; whether on the ground where cut, 
or hauled to any stream or shipping point, giving the name of same^ 
whether in boom, or at mill, or remaved and disposed of; and if re- 
moved or disposed of, state the use made of the same. 

(11.) State value of the timber or lumber in each of the conditions^ 
specified in form of report, as nearly as practicable. 

(12.) Give the name, post office address, and residence of the claimant 
of said timber or lumber, or the person having possession of the same. 

(13.) If the cutting was done under contract, state contract price, 
and where the timber was to be delivered; whether any money has been 
paid or advanced on same; and give names in full, post office address, 
and residence of contracting parties. 

(14.) If the timber has been sold, give name, post office address, and 
residence of party to whom sold; state price given or agreed upon; 
amount paid; where and in what condition the timber is to be delivered; 
number of logs or amount of timber delivered, if any; whether the pur- 
chaser had knowledge that the timber was unlawfully cut, or to be cut^ 
from public lands, or took reasonable precaution to ascertain that fact 
and was an innocent purchaser through misrei)resentation on the jiart 
of others of generally good reputation. 

(15.) Give names in full of at least two reputable witnesses, giving 
post office address and residence of each, or where he may be found. 
State in brief what each witness will be able to testify to in court, being 
particular to state the date or dates upon which he saw the cutting or 
removing. (The cutters and haulers, or other emjiloyes of the tres- 
l)asser should be used as witnesses whenever available.) 

(16.) Give a brief statement of what facts you can testify to from 
your own knowledge and observation, being particular to state date or 
dates when you visited the ground and made personal examination. 

(17.) State whether the trespass was willful, and whether there are 
any extenuating or mitigating circumstances; and, if so, the nature and 
evidence thereof. 

(18.) State whether any legal proceedings have been instituted against 
the parties for the trespass in question. 

(19.) State whether the parties are financially responsible; and, if so, 
to what amount. 

(20.) State what action in the premises, in your judgment, will be 
for the best interest of the Government. 

(21.) State any other facts which you may deem necessary for a clear 
comprehension of the case in all its details. 

(22.) Fill up the diagram on second page of form of report; showing 
streams, roads, location of cutting, and buildings upon the land tres- 
passed upon. 



16 

PROPOSITIONS OF SETTLEMENT. 

57. After you liave ascertained all the facts iu the case and prei)ared 
your report for transmission to this ofdce, should the party to the tres- 
pass (either the actual tresi)asser or the purchaser of the timber, or 
both) express a desire to avoid litigation and to compromise by paying 
the Government a certain price in settlement for said trespass or timber, 
if the evidence indicates that the trespass was not willful, but acci- 
dental or unintentional, or if there are other extenuating circumstances, 
you may inform the trespasser that, if he will make a sworn statement 
and proposition of settlement, in accordance with the terms of the 
circular of March 1, 1883, and in the form prescribed by this office (see 
Form 10, page 35), you will transmit tlie same with your report to this 
office for consideration and action. 

58. The party who cut the timber, or caused it to be cut, may make 
proposition of compromise (if the circumstances in the case warrant it, 
as set forth above in paragraph 57; for the purpose of relieving himself 
from criminal prosecution, but the acceptance of such pro])osition will 
not relieve the purchaser of the timber from civil proceedings unless 
the amount offered not only covers the damage to the land but also the 
value of the timber. 

59. The purchaser of the timber may make a proposition of settle- 
ment (if the circumstances in the case will warrant it, as above set forth 
in paragraph 57) for the purpose of avoiding civil proceedings, but the 
acceptance of such proposition will not relieve the party who cut the 
timber, or caused it to be cut, from criminal prosecution. 

60. Where there is positive proof that the person who cut the timber, 
or caused it to be cut, is a willful and malicious or persistent trespasser 
upon the public timber, a proposition for the purpose of avoiding 
criminal prosecution should not be entertained. 

61. Where the purchaser of the timber had a knowledge at the time 
of purchase tliat the timber was unlawfully cut from public land, prop- 
osition of settlement should not be entertained for the purpose of 
relieving the parties from civil proceedings, unless the amount offered 
in said proposition is for the full value of the material in the condition 
when and position where found, or if sold, for the amount for which it 
was sold ; and for at least as much as there is a reasonable prospect of 
being able to recover through legal proceedings, with costs. 

62. The acceptance of propositions at a lower rate than the owners 
of private lands in the same vicinity would charge for similar timber, 
or for thei)rivilege of cutting the same, would be an actual inducement 
to i)arties to commit timber depredations upon the public lands ; there- 
fore, such propositions should never be entertained, except when there 
is indisi)utable and positive proof that the person who cut the timber, 
or who purchased the same, was absolutely innocent of any guilty in- 
tent or knowledge that the same was cut from Government land; in 
which case propositions may be made to pay " stumpage" for the damage 
sustained — that is, the value of the timber when standing. 

63. Ko fixed and uniform rate of stumpage can be prescribed by the 
Department. The actual value of the standing timber at the place 
where and the time when it was cut, together with the other facts and 
circumstances ascertained by the agent, must govern in each case as to 
such rate. 

64. In all cases where an offer of compromise or settlement is made, 
if there has been any exi)ense to the Government for surveying, or 



17 

scaling, or watchiiif>- and <;arin<j: for the i)i'oi)ert.Y, the amount mnst be 
included in and jnadc part oftiie i)roi>osition. 

Oo. Sworn statements and i>ro})ositions of settlement must be nmde 
out in accordance wilJi the form ])rescril)ed by this ottice (see Form 10, 
pagt? 35). The person who subscribes and sweais to the statement and 
proposition in stating the extenuating circumstan(!es must state his 
case in his own way and not from dictation by the special timber agent. 

00. Special timber agents are not authorized or i)ermitted under any 
circumstances to decide upon any proposed compromise, or to accept 
any offer of settlement, or to receive any money or other valuable con- 
si(leration a« a deposit pending its consideration by this oftice, or to 
receive the money after a proposition has been accepted by this oltice. 

07. All paynients in settlement of propositions for timber tresi)ass 
must be made to the receiver of public moneys for the land district in 
which the trespass was committed. 

08. Where cases are in suit, i)ropositious must be made through the 
proj^er United States district attorney to the De])artmeut of Justice. 

VOLUNTARY RELEASE OF TIMBER OR LUMBER. 

09. Should an innocent tresi)asser, purchaser, or i)arty having pos- 
session of any timber or lumber cut from Government laud, voluntarily 
otter to deliver the same to the Government, you may receive a sworn 
statement and release from said party, in accordance with the form 
prescribed by this oftice (see Form No. 9, page 35), take possession 
of the i)roperty, and transmit said release, together with a full report 
in the case to this ottice according to form of trespass report (see 
Form 8, page 35), upon receipt of which you will be instructed as to 
what disposition to make of the proi)erty. 

70. If you are satisfied that the party offering to release the timber 
or lumber became possessed of the same with a full knowledge that it 
was unlawfully cut from Government laud, and that his offer to release 
the same is made solely to avoid the legal punishment and penalties 
for his unlawful acts, or if the timber is in such a i>osition that no dis- 
position can be made of it by the Government except to dispose of it 
to the guilty party upon his own terms, you will refuse to accept a re- 
lease for said timber, but will at once report the case in full, in order 
that legal proceedings may be instituted. Any other course would be 
an encouragement to continued depredations. 

SEIZURE OF TIMBER OR LUMBER. 

71. No seizure of timber or lumber can be made except by due proc- 
ess of law. The ap[)ointment of a special timber agent does not con- 
fer upon him any power or authority to seize timber or lumber by vir- 
tue of his office. However, should you at any time find any timber 
that has been cut upon Government laud, and abandoned by the party 
who cut the same, you will take possession of said timber, and at once 
notify this office, when you will be instructed as to what disposition to 
make of it. 

CASES OF EMERGENCY. 

72. In case of emergency, where the offender is about to leave the 
country, or the property is being removed or concealed and the evi- 
dence of the trespass destroyed, so that immediate action is absolutely 

12483 2 



18 

necessary to protect the interests of the Government, the special timber 
agent may apply to the United States attorney for the district in 
which the trespass was committed to institute the proper legal pro- 
ceedings. 

73. In such cases however, the responsibility will rest with the 
special timber agent to produce clear and indisputable evidence to 
establish the trespass, and show the necessity for his action. 

74. In all other cases the trespass must first be reported in full to 
this office for instructions. 

PEEVENTION OF TRESPASS. 

75. It is as much a part of your duty to prevent parties from commit- 
ting timber trespass upon Government land as to detect and secure the 
punishment of such trespass after it has been committed. Therefore, 
should you receive information that any person or persons premeditates 
such trespass, you must acquaint them with the law upon the subject^ 
and warn them against such unlawful acts. 

RECORD OF CASES INVESTIGATED. 

76. You must keep a record of every case investigated by you and 
reported to this office (a blank record book for which purpose will be fur- 
nished you), showing every action taken in each case until it is finally 
disposed of and settled ; and, within thirty days after the 1st day 
of January and July, in each year, you must transmit to this office a 
transcrijjt from said record book showing the exact status of each and 
every case recorded therein. 

This is a most important part of your duty and must be strictly ad- 
hered to, in order that every case may be ])romptly disposed of, and 
that none may go by default on account of neglect on the i)art of this 
office or its agents ; and also that you may be able to report at once to 
this office the exact status of any case when called u])on. 

WEEKLY REPORTS. 

77. You are required to furnish this office, each week, with a report 
giving a brief statement of your official acts each day of the week. 
(See Form 2, Appendix, page 33). 

78. Such weekly reports are necessary to the promi)t adjustment of 
your accounts, and no allowance wdl be made in any instance for time 
not so reported ui)on. 

79. In making out such reports state each day, in the proper column 
the day of the month, the day of the week, and the name of the place 
at which you are stopping or whicli you visit. 

80. Under the head of nature of business, state the time of departure 
from and arrival at each place visited, the object of the visit, and a 
brief statement as to the nature of the business transacted. 

81. After every statement of a journey made in which a transporta- 
tion order is used put the initials T. O., give the number of the order 
used, and the initials of the route over which you traveled. 

82. Such terms as "attending to official business;" "engaged in 
office work;" "writing official communications," &c., are not suffi- 
ciently specific, and wil! not be accepted by this office. You must state 
the nature of the official business or office work or the names of parties 
written to, and when investigating cases of tresi>ass give the names of 



19 

the alleged trespassers or parties interviewed or description of land 
examined. 

S3. You must make a special and full report in each case investigated^ 
at an early' day thereafter. 

84. Information which is to be a matter of record in any pending 
trespass case must not be furnished in weekly reports, but must be 
made the subject of a separate report. 

85. A failure to comply with any of the above instructions will neces- 
sitate the return of your weekly reports for correction and subject your 
monthly account to suspension. 

EXPENSES OF SPECIAL TIMBER AGENTS. 

80. In addition to your salary you will be allowed the actual and 
necessary expenses incurred by you ^vhile attending to your official 
duties. 

87. Office circular of June 20, 1882 (copy herewith), will furnish yon 
with full information as to what constitutes your actual and necessary 
expenses, and how to make out and transmit your monthly accounts 
for settlement. 

88. Letters transmitting monthly accounts must relate solely to said 
accounts. 

89. You are especially instructed not to incur any indebtedness in 
surveying land and scaling timber, or for any other purpose, beyond 
your salary and personal expenses, without special instructions fifoui 
this office in each case. 

TRANSPORTATION ORDERS. 

90. You will be furnished, for your official use, with a supply of rail- 
road transportation orders, with stubs attached. 

91. In traveling, in every case use a tiansportation order where the 
railroad company will accept the same and furnish transportation in 
accordance therewith, using the orders in their numerical order. 

92. In cases where the officials of any railroad company refuse to ac- 
cept said orders or furnish transportation thereupon you will purchase 
a ticket, taking a stamjjed receii)t therefor from the ticket agent, and 
transmit said receipt to this office with your monthly account; and in 
your letter of transmittal state the reasons assigned by the officers of 
the railroad company for refusing to accept of the transportation order. 
(Subsidized roads named in circular of June 20, 1882, are compelled by 
law to accept such transportation orders, and no charge by a special 
timber agent for fare on any of said roads will be allowed by this 
office.) 

93. With each monthly account forward the stubs of all transporta- 
tion orders used during the time covered by said account. 

94. Never allow your supply of transportation orders to become ex- 
hausted ; a failure to apply for a renewal of the same in time will not 
be excused, except in cases of an unavoidable contingency where rea- 

ons can be assigned satisfactory to this office. 

95. In applying for a new supjdy of transportation orders in every 
instance state the number of onlers you have on hand at the date of 
making such application. 

90. Paragraph 27 of office circular of June 20, 1882 (copy herewith), 
relative to use of transportation orders is hereby rescinded. 



20 

SPECIAL INSTRUCTIONS. 

97. It is a waste of time for special timber agents to write long letters 
to this office stating that a number of ]iersons are committing depreda- 
tions upon Government timber, neglecting to furnish particulars. No 
intelligent action can be taken in any case, by this office, unless all the 
information called for in the form of report is furnished. 

98. Your services will not be valued by the length or number of your 
communications, but by their utility. 

99. Every case of trespass must be made the subject of a report sepa- 
rate and distinct in itself. 

100. Important facts in any case which has been i)reviously reported 
must be made the subject of a separate communication. 

101. All reports of trespass, sworn statements, and propositions of 
settlement, all releases and affidavits, and all ])apers requiring official 
action by this office (except monthly accounts and weekly reports), must 
be transmitted in duplicate. You should also keep a coi)y of each paper 
for your own information. 

102. Should you at any time need legal advice relative to the laws 
concerning timber depredations, you will consult with the United States 
attorney for the State or Territory assigned you. 

103. Should you require diagrams of township plats to enable you to 
locate a trespass, you will apply to the register and receiver of the land 
district in which the laud is situated, who will furnish them to you with- 
out charge. 

104. These diagrams should show the tracts which are vacant public 
lands, and those upon which there are homestead, pre em})tion, or other 
entries. 

105. When you are assigned to duty, some certain city or town in the 
district over which you are put in charge, centrally located, will be des- 
ignated as your headquarters, for the purpose of having some specified 
])lace as your post office address, where communications from this office 
may be mailed you. 

106. When you expect to be absent from the vicinity of your head- 
quarters for any length of time, you will leave directions with the post- 
master where to forward your mail. 

107. It is not expected that you will permanently reside at the place 
designated as your headquarters, or that you will remain there contin- 
uously; you cannot in that waj become an efficient or valuable special 

timber agent. 

108. To familiarize j'ourself with the timber business of your district, 
and at the same time to ascertain what action can be taken to prevent 
the waste and destruction of public timber and to preserve it for legiti- 
mate uses, it is necessary for you to visit the timber lands of your dis- 
trict and acquire such knowledge by personal observation. 

109. A special timber agent who feels an interest in the good of the 
public service and the special duties devolved u^^on him will, during the 
greater portion of the time, be in the field. 

110. You will be furnished by this office, for your official use, with a 
supply of stationery and the following blank forms, viz: oath of oftice ; 
weekly reports; vouchers for board and lodging, special transportation, 
and miscellaneous expenditures; railroad transportation orders; physi- 
cian's certificate; report of timber trespass; release of timber or lumber ; 
l)ropositions for settlement; affidavits as to mineral character of land 
and affidavits as to non-mineral character of land. (See Forms 1 to 12, 
Appendix, pages 33 to 36.) 



APPENDIX. 



LA^VS RELATIVE TO TEE^PRESERVATION OF GOVERNMENT TUIBER. 

LIVE-OAK AND BED CEDAR TIMBEK. 

[Revised Statutes of the United States.] 

Sec. 24(>0. The President is authorized to emi>loy so much of the land and naval Ibnes 
of the United States as maybe necessary eifectually to prevent the felling, cutting down, 
or other destruction ol" the timber of the United States, in Florida, and to prevent the 
transportation or carrying away any such timber as maj' be already- felled or cut down; 
ajid to take such other and further measures as may be deemed advisable for the preser- 
vation of the timber of the United States in Florida. 

Sec. 2461. If any person shall cut, or cause or procure to be cut, or aid, assist, or be 
employed in cutting, or shall wantonly destroy, or cause or procure to be wantonly de- 
stroyed, or aid, assist, or be employed in wantonly de^stroying any live-oak or red cedar 
trees or other timber standing, growing, or being on any lands of the United States 
which in pursuance of any law passed, or hereafter to be passed, have been reserved or 
purchased for the use of the United States, for supplying or furnishing therefrom timber 
for the Navy of the United States; or if any pers(m shall remove, or cause, or procure to 
be removed, or aid, or assist, or be employed in removing from any such lands which have 
been reserved or purchased, any live-oak or red cedar trees, or other timber, unless duly 
authorized so to do, by order, in writing, of a competent officer, and for the use of the NaA y 
of the United States, or if any person shall cut, or cause or procure to be cut, or aid, or 
assist, or be employed in cutting any live-oak or red cedar trees, or other timber on, or shall 
lemove, or cause or procure to be removed, or aid or assist, or be employed in removing 
any live-oak or red cedar trees or other timber, from any other lands of the United States, 
ac(}uired, or hereafter to be acquired, with intent to export, dispose of use, or employ the 
same in any manner whatsoever, other than for the use of the Navy of the United 
States, every such person shall pay a fine not le^s than triple the value of the trees or 
timber so cut, destroyed, or removed, and shall be imprisoned not exceeding twelve 
months. (See 4751. ) 

Sec. 2462. If the master, owner, or consignee of any vessel shall knowingly take on 
board any timber cut on lands which have V>een reserved or purchased as in the preced- 
ing section prescribed, \vithout proper authority, and for the use of the Navy of the United 
States; or shall take on board any live-oak or red cedar timber cuton any other lands of the 
United States, with intent to transport the same to any port or place within the United 
States; or to export the same to any foreign country, the vessel on board of which the 
same shall be taken, transported or seized, shall, with her tackle, apparel, and furniture, 
be wholly forfeited to the United States, and the captain or master of such vessel 
wherein the same was exported to any foreign covuitry against the provisions of this sec- 
tion shall forfeit and pay to the United States a sum not exceeding one thousand dollars. 
(See 4751.) 

Sec. 2463. It shall be the duty of all collectors of the customs within the States of 
Alabama, Mississippi, Louisiana, and Florida, before allowing a crlearance to any vessel 
laden in whole or in part with live-oak timber, to ascertain satisfactorily that such tim- 
ber was cut from private lands, or, if from puldic ones, by consent of the Navy Depart- 
ment. And it is also made the duty of all officers of the customs, and of the land offi- 
cers within those States to cause prosecutions to be seasonablj'^ instittited against all per- 
sons known to be guilty of depredations on, or injuries to, the live-oak growing on pub- 
lic lands. (See 4205, 4751. ) 

Sec. 4205. Collectors of the collection districts within the States of Florida. Alabama, 
Missis.sippi , and Louisiana, before allowing a clearance to any vessel laden in whole or 
in part with live-oak timl)er, .shall ascei-tain satisfactorily that such timber wa.s cut from 
private lands, or, if from public lands, by consent of the Department of the Navy. (See 
2463. ) 

21 



22 

Sbc. 4751. All penalties and forfeitures incurred under the provisions of sections 
t\venty-four hundred and sixty-three, Title "The Public Lands," shall be sued for, re- 
covered, distributed, and accountetl for, under the directions of the Secxetary of the Navy, 
and shall be paid over, one-half to the informers, if any, or captors, where seized, and 
the other half to the Secretary of the Navy for the use of the Navy pension fund; and 
the Secretary ls authorized to mitigate, in whole or in part, on such terms and condi- 
tions as he deems proper, by an order in writing, any fine, penalty, or forfeiture so 
incurred. 

DEPREDATIONS ON TIMBER LANDS. 

Sec. .5388. Every pereon who unlawfully cuts, or aids or is employed in unlawfully 
cutting, or wantonly destroys, or procures to be wantonly destroyed, any timber stand- 
ing upon lands of the United States which in pursuance of law may be reserved or pur- 
chased for military or other purposes, shall pay a fine of not more than five hundred 
dollars and be imprisoned not more than twelve months. (See 2460-2463.) 

PROTECTION OP ORNAMENTAL AND OTHER TREES ON GOVERNMENT RESERVATIONS. 
[Chapter 151, Supplement to the Revised Statutes.] 

Be it enacted, &c. * * * 

Section 1. That if any person or persons shall knowingly and unlawfully cut, or 
sliall knowingly aid, assist or be employed in unlawfully cutting, or shall wantonly de- 
stroy or injure, or procure to be wantonly destroyed or injured, any timber-tree or any 
shade or ornamental tree, or any other kind of tree, standing, growing, or being upon 
any land of the United States, which, in pursuance of law, have been raserved, or which 
\\ ave been purchased by the United States for any public use, every such person or per- 
S)ns so offending, on ccmviction thereof before any circuit or district court of the United 
States, shall, for every such offense, pay a fine not exceeding five hundred dollars, or 
shall be imprisoned not exceeding twelve months. 

Sec. 2. That if any i)erson or persons shall knowingly and unlawfully break, open, 
or destroy any gate, fence, hedge, or wall iuclosingany lauds of the United States, which 
have, in pursuance of any law, been reserved or purchased by the United States for any 
public use, every such person so offending, on conviction, shall, for every such offense, pay 
a fine not exceeding two hundred dollars, or be imprisoned not exceeding six months. 

Sec. 3. That if any person or persons shall knowingly and unlawfully break, open, 
or destroy any gate, fence, hedge, or wall inclosing any lantls of the United States, re- 
served or purchased as aforesaid, and shall drive any cattle, horses, or hogs npon the 
lands aforesaid for the purpose of destroying the grass or trees on the said grounds, or 
where they may destroy the said grass or trees, or if any such person or persons shall 
knowingly permit his or their cattle, horses or hogs to enter through any of said inclos- 
tires upon the lands of the United States aforesaid where the said cattle, horses or hogs 
may or can destroy the grass or tre&s or other property of the United States on the said 
land, every such person or persons so offending, on conviction, shall pay a fine not exceed- 
ing five hundred dollars, or be imprisoned not exceeding twelve months: Provided, That 
nothing in this act shall be construed to apply to unsurveyed public lands, and to public 
lands subject to pre-emption and homestead laws; or to public lands subject to an act to 
promote the development of the mining resources of the United States, approved May 
tenth, eighteen hundred and seventy-two. (March 3, 1875.) 

TI.MBER LANDS IN THE STATES OF CALIEORNIA, OREGON, NEVADA, AND IN WASH- 
INGTON TERRITORY. 

[Chapter 151; approved .June 3, 1878 (20 Stat., 89).] 

Be it enacted by the SeiiMe and, House of Representatives of the United States of America in 
Congress assembled, That surveyed public lauds of the United States within the States of 
California, Oregon, and Nevada, and in Washington Territory, not included within mili- 
tary, Indian, or other reservations of the United States, valuable chiefly for timber, but 
unfit for cultivation, and which have not been oflered at public sale according to law, 
may be sold to citizen.s of the United States, or persons who have declared their inten- 
tion to become such, in quantities not exceeding one hundred and sixty acres to any one 
person or association of persons, at the minimum price of two dollars and fifty cents per. 
acre; and lands valuable chiefly for stone maybe sold on the same terms as timber lands: 
Provided, That nothing herein contained shall defeat or impair any bona fide claim under 
any law of the United States, or authorize the sale of any mining claim, or the improve- 



23 

ments of any bona fide settler, or lands containing gold, silver, cinnabar, copper, or coal, 
or lands selected by the sjiid States under any law of the United States donating lands 
for internal impi-ovenients, education, or other purposes: And provided further, That 
none of the rights conferred by the act ai)pioved July twenty-sixth, eighteen hundred 
and Sixty-six, entitled "An act granting the right of way to ditch and canal ownersover 
the public lands, and for other purposes," shall be abrogated by this act; and all patents 
grjinted shall be subject to any vested and accrued water rights, or rights to ditches and 
reservoirs used in connection with such water rights, as may have l)een acquired under 
and by the provisions of said act; and such rights shall be expressly reserved in any pat- 
€nt issued under this act. 

Sec. 2. That any person desiring to avail himself of the provisions of this act shall file 
■with the regist£r of the proper district a written statement in duplicate, one of which is 
to.be transmitted to the General J^and Office, designating by legal subdivisions the par- 
ticular tract of land he desires to^purchase, setting forth that the same is unfit for culti- 
vation, and valuable chiefly for its timber or stone; that it is uninhabited; contiiins no 
mining or other improvements, except for ditch or canal i)urposes, where any such do 
exist, save such as were made by or belong to the applicant, nor, as deponent verily be- 
lieves, any valuable deposit of gold, silver, cinnabar, (jopper, or coal; that deponent has 
made no other application under this act; that he does not apply to purchase the same 
on speculation, but in good faith to appropriate it to his own exclusive use and benefit; 
and that he has not, directly or indirectly, made any agreement or contract, in any way 
or manner, with any person or persons whomsoever, by which the title which he might 
acfiuire from the Government of the United States should inure, in whole or in part, to 
the benefit of any person except himself; which statement must be verified by the oath 
of the applicant before the register or the receiver of the land ofKce within the district 
where the land is situated; and if any person taking such oath shall swear falsely in the 
premises, he shall be subject to all the pains and penalties of perjury, and shall forfeit 
the money which he may have paid fi)r said lands, and all right and title to the same; 
iind any grant or conveyance which he may have made, except in the hands of bona fide 
purchasers, shall be null and void. 

Sec. 3. That upon the filing of said statement, as provided in the second section of this 
act, the register of the land office shall post a notice of such application, embracing a de- 
scription of the land by legal subdivisions, in his office, for a period of sixty days, and 
shall furnish the applicant a copy of the same for publication, at the expense of such ap- 
pliciint, in a newspaper published nearest the location of the premises, for a like period 
of time; and after the expiration of said sixty days, if no adverse claim shall have been 
tiled, the person desiring to punihase shall furnish to the register of the land office satis- 
factors' evidence, first, that said notice of the application prepared by the register as afore- 
said was duly published in a newspaper as herein required; secondly, that the land is of 
the character contemplated in this act, unoccupied and without improvements, other 
than those excepted, either mining or agricultural, and that it apparently contains no 
valuable deposits of gold, silver, cinnabar, copper, or coal ; and upon payment to the 
proper officer of the purchase-money of said land, together with the fees of the register 
and the receiver, as provided for in case of mining claims in the twelfth sectiim of the 
act approved May tenth, eighteen hundred and seventy-two, the apjdicant may be per- 
mitted to enter said tract, and, on the transmission to the General Land Office of the pa- 
pers and testimony in the case, a patent shall issue thereon: Proridcd, That any person 
having a valid claim to any portion of the land may object, in writing, to the issuance 
of a patent to lands so held by him, stating the nature of his claim thereto; and evidence 
shall be taken, and the merits of said objection shall be determined by the officers of the 
land office, subject to appeal, as in other land cases. Effect shall be given to the fore- 
going provisions of this act by regulations to be prescribed by the Commissioner of the 
General Land Office. 

Sec;. 4. That after the pa.ssage of this act it shall be unlawful to cut, or cause or pro- 
€ure to be cut, or wantonly destroy, any timber growing on any lands of the United 
States, in said States and Territory, or remove, or cause to be removed, any timber from 
said public lands, with intent to export or dispo.se of the same; and no owner, master, or 
consignee of any vessel, or owner, director, or agent of any railroad, shall knowingly 
transport the same, or any lumber manufactured therefrom; and any person violating 
the provisions of this .section shall ))e guilty of a misdemeanor, and, on conviction, shall 
lie fined for every such offense aMim not less than one hundred nor more than one thou- 
sand dollars: Provided, That nothing herein contained shall prevent any miner or agri- 
culturist from clearing his land in the ordinary working of his mining claim, or prepar- 
ing his farm for tillage, or from taking the timber necessary to supi)ort his improvements, 
or the taking of timber for the u.se of the United States; and the penalties herein 
provided shall not take effect until ninety days after the passage of this <K;t. 

Sec. T). That any person prosecuted in said States and Territory for violating section 



24 

two thousand four hundred and sixty-one of the Revised Statutes of the United States 
who is not prosecuted for cutting timber for export from the United States, may be re- 
lieved from furtlier prosecution and liability therefor upon payment, into the court 
wherein said action is pending, of the sum of two dolhirs and fifty cents per acre for all 
lands on which he shall have cut or caused to be cut timber, or removed or caused to be 
removed the same: Proi-idcd, That nothing contained in this section shall be construed 
as granting to the person hereby relieved the title to said lands for said pavment; but 
he shall have the right to purchase the same upon the same terms and conditions as 
other persons, as provided hereinbefore in this act: And further provided, That all 
moneys collected under this act shall be covered into the Treasury of the United States. 
And section four thousand seven hundred and fifty-one of the Revised Statutes is hereby 
repealed, so far as it relates to the States and Territory herein named. 

Sec. 6. That all acts and parts of acts inconsistent with the provisions of this act are 
hereby repealed. 

The following circular of instructions relative to the preceding act 
has been issued by this office: 

Department of the Intekioe, 

General Land Office, 
Waslnngion, D. C, August 15, 1878. 
To Registers and Receivers of United States Land Offices: 

Gentlemen: The following is a review of the provisions of the act entitled "An Act 
for the sale of timber lands in the States of California, Oregon, Nevada, and in Wash- 
ington Territory," approved June 3, 187>^, and of the act approved same date, entitled 
"An act authorizing the citizens of Colorado, Nevada, and the Territories to fell and 
remove timber on the public domain for mining and domestic purposes," so far as they 
relate to the privilege of cutting and removing timber from the public lands of the 
United States, the punishment therefor, or to the protection of "timber and of the 
undergrowth" growing upon the public lands. Copies of these acts are annexed. 

The fourth section of the first mentioned act provides that ' ' it shall be unlawful to cut , 
or cause or procure to be cut, or wantonly destroy, any timber growing on any lands of 
the United States, in said States and Territory, or remove, or cause to be removed, any 
timber from said public lands, with intent to export or dispose of the same; and no- 
owner, master or consignee of any vessel, or owner, director, or agent of any railroad, shall 
knowingly transport the same, or any lumber manufactured therefrom. Any person vio- 
lating the provisions of this section shall be guilty of a misdemeanor, and, on conviction, 
shall be fined for every such offense a sum not less than one hundred nor more than one 
thousand dollars." Provision is also embraced in said section that "the penalties herein 
provided shall not take eifect until ninety days after the passage of this act." This 
section also contains a proviso, as follows: "And nothing herein contained shall prevent 
any miner or agriculturist from clearing his land in the ordinary working of his mining 
claim, or preparing his farm for tillage, or from taking the timber necessary to support- 
his improvements, or the taking of timber for the use of the United States." The pen- 
alty provided lor in this section takes eifect alter the 1st day of September, 1878, and 
applies to cutting for any purpose other than that mentioned in this proviso, such as the 
wanton destruction of timber, or its removal for export or disposal. 

In the States and Territory mentioned the effort of the Executive will in the future 
be directed to the proper punishment of parties who may cut for purposes notauth<n-ized 
by the statute under consideration, and to the prevention, so far as practicable, of further 
trespass against the general law. 

The fifth section of the act provides ' ' that any person prosecuted in said States and 
Territory for violating section 2461 of the Revised Statutes of the United States, who is 
not prosecuted tor cutting timber for export from the United States, may be relieved from 
further prosecution and liability therefor upon payment, into the court wherein said ac- 
tion is pending, of the sum of two dollars and fifty cents ($2.50) per acre for all lands on 
which he shall have cut or caused to be cut timber, or removed or caused to be removed 
the same: Provided, That nothing contained in this section shall be construed as grant- 
ing to the person hereby relieved the title to said lands for said payment; but he shall 
have the right to purchase the same upon the same term's and conditions as other persons, 
as provided hereinbefore in this act." This provision is applicable alike to cases pend- 
ing at the time of the passage of the act, and to such cases as have been since or may 
hereafter he commenced. 

Section 5 also contains provision that all moneys collected under this act shall be cov- 
ered into the Treasury of the United States, and section 4751 of the Revised Statutes of 
the United States, which authorizes the penalties and forfeitures incurred under sections 



25 

2461 and 2462 of the Revised Htatnte„s, to be sued for, recovered and accounted for, under 
the direction of the Secretary of the Navy, is repealeil, so far as it rehvtes to these States 
and Territory. 

By tlie provisions of the last-mentioned act "all citizens of the United States and other 
persoiis bona fide residents of tlie States of Colorado, Nevada, oreitlier of the Territories 
of New Mexico, Arizona, Utah, Wyoming, Dakota, Idaho, and Montana, and all other 
mineral districts of the United States, are authorized and permitted to fell and remove 
for building, agricultural, mining, or other domestic purposes, any timber or other trees 
growing or being upon the public lauds, said lands being mineral and not subject to entry 
under the existing laws of the United States, except for mineral entry in either of said 
States, Territories, or districts of which such citizens maybe at the time bona fide resi- 
dents, subject to such rules and regulations as the Secretary of the Interior may prescribe 
for protection oT the timber, and of the undergrowth growuig upon such lands, and for 
other purposes. ' ' * 

The tirst section contains a provision that this act shall not extend to railroad corpora- 
tions. A copj' of the rules and regulations prescribed by the Secretary of the Interior, 
for the protection of the timber and of the undergrowth growing upon the mineral lands 
of the United States, in compliance with this jfrovisiou, is printed herewith. The sec- 
ond section of this act makes it the duty of the register and receiver of any local land 
office in whose district any mineral laud may be situated to ascertain from time to time 
whether any timber is being cut or used upon any of the mineral lands, except for the 
purposes authorized by this act, within their respective land districts; and if so, they 
are required to notify the Commissioner of the General Land Office of that fact. 

These reports will be made by the registers and recei\ers separately from those relat- 
ing to any other subject, and will give the details of any violation of the provisions of 
this act. 

The registers and receivers are allowed all necessary expenses incurred in making such 
proper examinations in regard to violations of the provisions of this act, which will be 
paid and allowed them in making up their next qvrarterly accounts. 

The third section provides that "any person or persons who shall violate the provisions 
of this act, or any rules and regulations in pursuance thereof made by the Secretary of 
the Interior, shall be deemed guilty of a misdemeanor, and upon convii'tion shall befined 
in any sum not exceeding five hundred dollars, and to Avhich may be added imprisonment 
for any term not exceeding six months. ' ' 

When violations of the provisions of this act are brought to the attention of this Office, 
either by report from the registers and receivers, or by other persons who, ;is good citi- 
zens, may feel an interest in the protection of the public timber, if the facts are deemed 
sufficient to warrant prosecutions, they will be brought to the attention of the Depart- 
ment of Justice, that instructions may be given to the proper District Attorney to insti- 
tute legal proceedings. 

KULES AND KEGULATIONS PKESCRIBED BY THE SECRETARY OF THE INTERIOR FOR 
THE PROTECTION OF TIMBER, ETC. 

Rules and regulations prescribed by the Secretary of the Interior for the protection of 
the timber and of the undergrowth growing upon mineral lands of the United States, not 
subject to entry under exist nig laws of the United States, except for mineral entry in the 
States of Colorado aud Nevada, or in the Territories of New Mexico, Arizona, Utah, 
Wyoming, Dakota, Idaho, or Montana, and in all other mineral districts of the United 
States, in compliance with the provisions of an act approved June 3, 1878, entitled "An 
act authorizing the citizens of Coloriulo, Nevada, and the Territories to fell and remove 
timber on the public domain for mining and domestic purposes." 

With the view to and the intention of preserving the young timber and undergrowth 
upon the mineral lands of the United States, and to the end that the mountainsides may 
not be left denuded and barren of the timber and undergrowth necessary to prevent the 
precipitation of the rain-tall and molting snows in floods upon the fertile arable lands in 
the valleys below, thus destroying the agricultural and pasturage interest,'* of the mineral 
and mountainous portions of tire country, I do hereby make and Ciiuse to be promulgated, 
by virtue of the power vested in me by the act entitled " An act authorizing the citizens 
of Colorado, Nevada, and the Territories (excepting Washington Territory) to fell and 
remove timber on the public domain for mining and domestic purposes,'' the following 
rules and regulations: 

1. Section 2461, Revised Statutes, is still in force in all of the States and Territories 
named in the bill, and its provisions may be enforced, as heretofore, again.st pei-sons tres- 
passing upon any other than lands which are in fact mineral, or have been withdrawn as 
such; and in allciises where trespasses are committed upon the timber upon public lands 
which are not mineral, the trespassers will be prosecuted under said section. 



26 

2. It shall he unlawful for any person to cut or remove, or cause to be cut or removed, 
from any of the mineral lands of the United States any timber or undergroveth of any 
kind whatsoever less than 8 inches in diameter, and any jjerson so offending shall be li- 
able to be fined, in compliance with the provisions of the third section of said act, in any 
aum not exceeding five hundred dollars, and to which may be added imprisonment for 
any term not exceeding six months. 

******* 

Very respectfully, 

J. A. WILLIAMSON, 

Commissioner. 

Department of the Interioe, August 16, 1878. 
The foregoing is hereby approved. 

C. SCHURZ, 

Secretary. 

Rules 3 and 4 have been revoked. 

In so far as the above circular relates to the act of June 3, 1(S78, en- 
titled, " An act authorizing the citizens of Colorado, Nevada, and the 
Territories to fell and remove timber on the public domain for mining 
and domestic i)urposes," the provisions contained therein have been 
modified and rescinded by circular of June 30, 1882, approved July 1, 
1882. (See '' Mineral lands," paragraph 14, i)ages 7 and 8.) 

SETTLEMENT OF TRESPASS BY PURCHASE OF THE LAND TRESPASSED UPON. 

Be it enacted hy the Senate and House of Representatives of the United States of Ameriea 
in Congress assembled, That when any lands of the United States shall have been entered 
and the Government price paid therelbr in full no criminal suit or proceeding by or in 
the name of the United States shall thereafter be had or further maintained for any 
trespasses upon or for or on account of any material taken from said lands, and no civil 
suit or proceeding shall be had or further maintained for or on account of any trespasses 
upon or material taken from the said lands of the United States in the ordinary clearing 
of land, in working a mining claim, or for agricultural or domestic purposes, or for main- 
taining improvements upon the land of any bona fide settler, or for or on account of any 
timber or material taken or used by any person without fault or knowledge of the tres- 
pass or for or on account of any timber taken or used without ti'aud or collusion by any per- 
son who in good faith paid the oflicers or agents of the United States for the same or for 
or on account of any alleged conspiracy in relation thereto: Provided, That the provisions 
of this section shall apply only to trespasses and acts done or committed and conspira- 
cies entered into prior to March first, eighteen hundred and seventy-nine: And provided, 
further, That defendants in such suits or proceedings shall exhibit to the proper courts 
or ofticer the evidence of such entry and payment and shall pay all costs accrued up to 
the time of such entry. 

Sec. 2. That i)ersons who have heretofore under any of the homestead laws entered 
lands properly subject to such entry, or persons to whom the right of those having so 
entered for homesteads may have been attempted to be transferred by /wna^rfe instru- 
ment in writing, may entitle themselves to said lands by paying the Government price 
tlierefor, and in no case less than one dollar and twenty-five cents per acre, and the 
amount heretofore paid the Government ujwn said lands shall be taken as part i>ayment 
of said price: Provided, This shall in no wise interfere with the rights or claims of others 
wto may have subsequently entered such lands under the homestead laws. 

Sec. 3. That the price of lands now subject to entry which were raised to two dollaiw 
and fifty cents per acre, and put in market prior to January, eighteen hundred and sixty- 
one, by reason of the grant of alternate sections for railroad purposes is hereby reduced 
to one dollar and twenty-five cents per acre. 

Sec. 4. ThLsact shall not apply to any of the mineral lands of the United States; and 
no person who shall be prosecuted for or proceeded against on account of any trespass 
committed or material taken from any of the public lands after March first, eighteen 
hundred and seventy-nine, shall be entitled to the benefit thereof 

Approved June 15, 1880. 



27 

The following circular of instructions has been issued under the 
above act: 

Department ok TitK Interior, 
, General Land Office, 

Woi^Mngton, D. C, October 9, 1880. 
Begister'i (-(nd Eereivers United Sfnfrs [jind Offites: 

'Gentlemen: In carrying out the provisions of the act of Congress of June 15, 1880, 
entitled "An iwt rehiting to the public lands of the United States," you will be gov- 
erned by the following instructions supplemental to, and in lieu of, thecircQlar of this 
office of July 17, 1880, which is hereby rescinded. 

1. The first section of said act provides that when any lands of the United States shall 
have been entered, and the Government price paid therefor, no suits or proceedings on 
account of trespasses committed* thereon prior to March 1, 1879, shall be had or main- 
tained. 

2. This section extends to such trespassers the privilege of paying for the land upon 
which the trespass was committed at the legal price per acre at date of entry. 

3. The privilege of purchase under said section is not confined to lands subject to 
ordinary private entry, but extends to any lands, not mineral, subject to disposal under 
existing general laws. 

4. No entry can be allowed under this .section if the valid subsisting claim of another 
person shall have attached prior to the application to purchase. 

5. Where lands are plainly subject to ordinary private entry, no special application to 
purchase, other than the usual application in cases of private entrj', is required in order 
to enable the purchaser to avail liimself of the benefits of the act. 

6. When lands are not plainly subject to ordinary private entry, and apijlication to 
purchase the same shall be made with a view to securing the immunity contemplated 
by said section, you will require the application to be presented under oath of the ap- 
plicant, giving a full and detailed statement of all the facts upon which he bases his 
elaim to purchase. Such sworn statement should be corroborated by the affidavits of 
credible witnesses, and you will thereupon forward all the papers in a special letter to 
this office, allowing no entry until so directed. 

7. Under the second section, duly qualified persons who, prior to June 15, 1880, 
entered, under any of the homestead laws, lands properly .subject to such entry are per- 
mitted to obtain title by paying the Government price, less the fee and commissions paid 
at date of original entr^\ 

8. In allowing entries of this class, you Avill require proof that the party was twenty- 
one years of age, was a citizen, or had declared his intention to become a citizen of the 
United States, and was in other respects entitled to make the entry. 

9. When homestead entries, made prior to June 15, 1880, have been attempted to be 
transferred by bona fide instrument in writing, the persons to whom such transfers were 
nuide are authorized to obtain title by like payments, and with like deduction of feas 
xmd commissions, as in the ease of original homestead parties. 

10. In permitting purchases, by transferees of homestead rights, you will first ascer- 
tain whether the original homestead entry was a valid entry under the homestead laws. 
You will then require the instrument in writing by which it was sought to transfer such 
homestead right, to be filed, together with the best e\-idence attainable of the bo7w fide. 
character of the transfer, including the affidavit of the party who seeks to purchase. 
You will also require satisfactory proof that the attempted transfer was made prior to 
June 15, ISSO. 

11. You will exercise all possible care in allowing purchases of the above character, 
as it is not improbable that fraudulent entries will be attempted, and the proper execu- 
tion of the law will largely depend upon your vigilance and discretion. In cases wherein 
you entertain a doubt of the propriety of allowing the application to purchase, you 
should refer all the papers to this office, with a full statement of iacts and your opinion. 

12. No entry will be allowed under the second section when the original homestead 
entry was not a valid entry; nor when an entry under the homestead laws shall have 
been made on the same land subsequent to the original entry; nor if the land was em- 
braced in a prior valid entry at the date of such original homestead entry; nor where 
iwlverse hgal rights of any character exist at the date of the applictation to purchase. 

13. Applications to purchase under the second section will l)e made on Form No. 18, 
a>s in case of ordinary cash entry, and must be accompanied by the receiver's duplicate 
homestead receipt; or, if that has been lost or destroyed, by an affidavit setting forth 
-such fact, and giving the register's and receiver's number, and the date of the original 
homestead entry. It must also be stated in the application that the same is made under 
the second section of the act of June 15, 1880. 

14. Where the duplicate receipt has been lost or destroyed, and the application to pur- 



28 

chase is made by the original homestead party, the applicant mnst make oath that he 
has not transterred nor attempted to transi'er his homestead rights nnder said entry, nor 
assigned his right to receive the repayment ol' the fees, commissions, and excess pay- 
ments paid thereon. 

15. In each case of an entry nnder the second section the register will certify to the 
receiver the amonnt to be allowed as credit for fees, commissions, and excesses already 
paid; the applicant first making oath that said fees, commissions and excess payments 
have not been repaid, and that no application for snch repayment has been made. 

16. Entries under the second section will receive current register's and receiver's 
numbers in the regular cash series, and will be returned in the same manner as in other 
cases of cash entry, referring, however, in each instance, on your cash abstracts, certifi- 
cates, and receipts, to the date of the act authorizing the entry, the register's and re- 
ceiver's number of the original homestead application, and the amount allowed as credit 
for fees and commissions, as follows: "Act June 15, 1880. Original homestead entry 
No. . Credit for fees and commissions, $ ." 

17. The areas of said homestead entries, having been heretofore reported, will be de- 
diicted from the footings of your cash abstracts, and the aggregate of such entries will be 
stated in red ink in your recapitulations. 

18. The amount received under said second section will be accounted for by the re- 
ceiver, as in case of other cash sales, except that in his quarterly detailed account he will 
note tlie date of the act opposite each entry of this class, and will state the areas in red 
ink, and will not include the same in his lootings. In his recapitulation and in his con- 
densed quarterly accoimts-current, he will make a separate entry, as follows: "Saks 
iinder the second section, act of June 15, 1880, $ ." 

19. Final homestead proof not being required in these cases, no advertisement or no- 
tice of intention to make linal x»roof is necessary, and no final homestead fees are to be 
paid or collected. 

20. Warrants and scrip made receivable by law for lands subject to sale at private en- 
try, or in commutation of homestead or pre-emption rights, and certificates of deposit on 
account of survey's, will be deemed receivable lor lands purchased under the second sec- 
tion of act of June 15, 1880. 

21. The existing rule must, however, be observed, that where the value of warrant.s. 
or scrip exceeds that of the land entered therewith no repayment is authorized, but the 
warrant or scrip apjilied must be fully surrendered. In such case there would be no claim 
for repayment on account of the fees and commissions paid on the original homestead 
entry. 

22. The third section reduces to one dollar and twenty-five cents per acre the price of 
any lands which were subject to ordinary private entry at two dollars and fifty cents per 
acre at the date of the approval of the act, having been doubled in price by reason of the 
grant of alternate sections for railroad purposes, and which were put in market at that 
price prior to the 1st of January, 1861. Lands which have not been put in market for 
sale at ordinary private entry at two dollars and fifty cents per acre, or which were so 
put in market subsequent to the 1st of January, 1861, are not changed in price by this 
section. Yon will carefully observe the rule, as to price, thus introduced. By reference 
to your ofiicial records it will be in your power to ascertain the facts with regard to any 
lands from which to decide as to the applicability of the rule to such lands. In case of 
doubt you may correct your records to exhibit the facts by correspondence with this 
office. 

23. You will furtlier oberve that, under section 4, none of the provisions of this act 
apply to mineral lands, and that no person is entitled to the benefit of any jyrovision of 
the entire act who falls within the inhibition named in this section. 

Very respectfully, 

C. W. HOLCOMB, 

A cting Comm issioner. 

Department of the Intekiok, 

October 15, 1880. 

Approved : 

C. SCHUKZ, 

Secretary. 
COMPROMISE. 

[Section 34G9, Revised Statutes.! 

Upon a report by a district attorney, or any special attorney having charge of any 
claim in favor of the United States, showing in detail the condition of such claim, and 



29 

the terms upon which the same miy be compromised, and recommending tliat it be com- 
promised upon the terms so offered, and upon the recommenrlation of th(r Solicit<)r of 
the Treasury, the Secretary of the Treasury is authorized to compromise such chiim ;ic,- 
•cordingly. But the provisions of this section shall not apply to any claim arising under 
the ftostal laws. 



KXTRACTS FROM OPINIONS ANH DKCISIOXS. 

The followLftg opinions and decisions are published for your iiWormation: 
.1st. Attorney-General Wirt, iy an opinion of the t27th May, 1H21, holds as follows: 
■"Independent of po.sitive legislative provisions, I apprehend that, in relation to all 
property, real or personal, which the United States are authorized by the Constitution 
to hold, they have all the civil remedies, whether for the prevention or redress of inju- 
ries, which individuals po.ssess. (See 3WheatQn, 181.) So the United States, being au- 
thorized to accept and to hold these lands for the cominon good, must have all the legal 
means of protecting the property thus coulided to them that individuals enjoy in like 
<;ases. * * * The}' are, therefore, in my opinion, entitled to the injuction of Wiuste 
by way of prevention, and to the action of trespass by way of punishment, in like man- 
ner as individuals, similarly situated, are entitled to them." 

2d. Attorney-General Taney, now Chief-Justice of the United States, in an opinion of 
■22d August, 1833, cites this opinion of Mr. Wirt, and concurs in it. 

3d. Attorney-General Mason, in a communication of Kith July, 1845, refers to the 
■opinion of Attorney-General NeLson, of the 11th August, 1843, and, in concurring in it, 
.states that "Avhen the right of pre-emption exists, the settler who has complied with 
the provisions of the act of 4th September, 1841, has a right of occupancy for twelve 
months, within which he may perfect his title by paying the minimum price of the 
land. Like the settlers under the armed occupation act, his right is inchoate only; and 
he has only those rights of i)roperty which are necessary to the perfecting of his title. 
He may clear the land, build on it, and inclose it with a view to cultivation. For the.se 
purposes he may use or destroy any trees which may be necessary, but within these re- 
.■strictions, and necessary tire- wood, he is confined." 

The penal act of 2d March, 1831, pi'ovides "for the punishment of offenses committed 
in cutting, destroying, or removing live-oaks and other timber or trees preserved for 
naval pvirposes. ' ' 

This act of 2d March, 1831, you will find fully considered in the case of the United 
States vs. Ephraim Briggs (9 Howard, p. 351), in which the Supreme Court decided that 
the said act authorized the i)rosecution and punishment of all trespa.ssers on public lands 
by cutting timber, whether such timber was fit for naval purposes or not. 

4th. Judge Nelson, in the case of the United States vs. McEutee, in the United States 
■district court, Minnesota, October term, 1877, held as follows, McEntee being a settler 
under the homestead law: 

''The lands can be cleared and timber sold if cut down for the i^urpose of cultivation ; 
l)ut if the sale and traflic is the only reason for severing the timber, and it is not done 
with a ^-iew of improving the land, the intentions of the lawgiver are subverted." 

5th. In the case of the United States vs. James A. Smith at the April term, 1882, of 
the United States district court for the eastern district of Arkansa,s, where it was charged 
that said Smith unlawfully cut and removed certain timber from lands belonging to the 
United States in the State of Arkansas and converted the same into cord wood and rail- 
road ties, and where evidence was produced to show that he purchased said timber from 
parties who claimed to own the land upon which it stood. Judge Caldwell held as fol- 
lows: 

"Persons cutting and removing timber from lands are bound to know that they who 
as,sumed to .sell them the timber had the right to do so, and if they did not, the pur- 
chaser is liable to the lawful owner of the timber for its value, and if the trees are 
worked up into cordwood or railroad ties, such cordwood and ties are the property of 
the owner of the land as much as the trees were, and the owner of the land is entitled 
to recover the value of the timber in its new form, in other word.s, the value of the cord- 
^vood and railroad ties. ' ' 



30 



CIRCVLARS OF A GENERAL CHARACTER, 

relative to protecting timber on public land from forest fires and from 
wanton waste and destruction. 

Department of the Interior, 

General Land Office, 
Washington, D. C, Sfpttmber UK 1882. 

Mr. , 

Special Timber Agcni. 

Sir: The fact having been broutiht. to the notice of this Department that extensive 
forest fires from time to time, in ditfereut sections of the country, are destroying vast 
amounts of timber upon the public lands, and no means have heretofore been provided 
by the Government for the purpose of checking or preventing the same and preserving 
the public timber from such destruction, you are hereby informed that it will hereafter 
be a part of the duty of the special timber agents of the General Land Office to protect 
and preserve the public timber from this kind of waste and destruction, as well from 
destruction by the woodsman, or from any other source. 

You are, therefore, hereby instructed to keep yourself fully informed as to the condi- 
tion of the timber upon the public land in your district, and to use your best endeavors 
to protect it from waste and destruction from any and all sources; and to this end — 
where there are State or Territorial laws for the preservation of timber^you are author- 
ized and directed to cooperate with the State or Territorial authorities and to aid and 
assist them in enforcing said laws. 

Should you at any time receive information of any forest fire being in progress in your 
district, you will at once proceed to the locality of the same and use all possible n jeans 
to check its progress and to extinguish it. 

Should it be necessary to employ assistance in such a aise, and the emergency be such 
that it would be impossible to inform this oflice of that liictand to receive special instruc- 
tions, you are hereby authorized to expend a reasonable sum for such purpose, but you 
will at once inform this oflice, by telegraph, of the nu mber of persons so employed and 
the total probable expense. 

One of the most dangerous elements to conten<l with in case of forest fires, and one of 
the principal auxiliaries to the spread of the same, is the dry tops of trees which parties 
leave upon the ground after having cut and removed the timber for saw logs and other 
purposes. When the tree tops can be profitably cut into wood, the person cutting such 
trees on public land — when such cutting is authorized by law— must cut the tops into 
wood, or at least cut up and pile the brush in such manner as to prevent the spread of 
fires. 

A failure on the part of woodsmen to utilize all of the tree that can profitably be used, 
and to take reasonable precaution to prevent the spread of fires, will be regarded by this 
ofi&ce as wanton waste, and subject them to prosecution for wanton waste and destruc- 
tion of public timber. 



Verj' respectfully, 



Approved : 



N. C. McFARLAND, 

Commisdorwr. 

Department of the Interior, September 21, 1882. 

H. M. TELLER, 

Secretary. 
FOREST FIRES. 



The following public notice relative to forest fires is furnished to spe- 
cial timber agents, printed on cloth, for posting in conspicuous places in 
their districts : 

Department op the Interior, 

General Land Office, 
Washington, D. C, March 8, 1883. 
The attention of the public is called to the fact that large quantities of the public tim- 
ber are annuallydestroyedby forest fires which, in many cases, originate through the care- 
lessness of hunting, prospecting, and other camping parties, while in some instances they 
occur through design. 



31 

I take this method oi" warning all persons that hereafter the cause and origin of all fire? 
will be closely inve.stigat<;d, and where the fire is ascertained to have originated througli 
either carelessne^ or design the parties implicated will be prosecuted to the full ex - 
tent of the law. 

Spfecial timber agents are hereby directed to proceed agaiast all oflenders under the 
local laws of the State or Territory relating to the unlawful setting out of tires in which 
th^ same may occur. 

The public generally are requested to aid the officers of the Government in its eflforte 
to check the evil referred to and in the punishment of all offenders. 

N. C. McFARLAND, 

Cwnmisaioner. 

CLASSIFICATION OF MESQUITK AS TIMBER. 
[Circular.] 

Department of the Interior, 

General Land Office. 
Washington, I). C, October, 12, 1882. 
To Registers and Receivers of United States Land Offices, and to Special Timber Agents of the 
General Land Office. 

Gentlejien: The rules and regulations heretofore prescribed in relation to the cut- 
ting and removing of mesquite growing and being upon any of the public lands of the 
United States — mineral in character — are hereby modified as follows: 

The cutting and removing of mesquite is restricted and confined to actual settlers and 
bo)iafide residents of the State or Territory who are citizens of the United States. 

The cutting and removing of mesquite from the public, lands of the United States — .said 
lands being mineral — is permitted for all building, agricultural, mining, and domestic 
purposes needed in the development and improvement of the homes or mining interests 
of such actual settlers, residents, or miners. 

It is further permitted that mesquite may be cut and removed from the public mineral 
lands for the purpose of selling the same to any actual settler or resident of the State or 
Territory, but only for the uses and purposes hereinbefore described. 

The cutting and removing of me.squite from any of the public mineral lands of the 
United States for export from the State or Territory, or by, or for sale to, any railroad, 
company as an article of fuel or repair is strictly prohibited; the person or persons so of- 
fending being liable to civil and criminal prosecution as provided by section 3 of the act 
approved June 3, 1878, entitled "An act authorizing the citizens of Colorado, Nevada, 
and the Territories to fell and remove timber on the public domain for mining and do- 
mestic purposes." 

The cutting and removing of mesquite from any of the public lands of the Unit«d 
States — non-mineral in character — is strictly prohibited for any purpose, except the same 
is to be used in building, fencing, or otherwise improving and cultivating the land or 
claim from which tlie same is cut or removed. 

Any person cutting or removing mesquite from non-mineral public lands of the United 
States except for the purposes and uses above stated, is liable to punishment therefor un- 
der Section 2461 Revised Statutes, both civilly and criminally. 
Very respectfully, 

N. C. McFARLAND, 

Com/missioner. 

Department of the Interior, 

October 12, 1882. 
The foregoing is hereby approved. 

II. M. TELLER, 

Secretary. 

MEASURE OF DAMAGES TO WHICH THE GOVERNMENT IS ENTITLED FOR TIMBER TRES- 
PASS. 

The followiiif]^ circular relative to the manner of ascertaining the dam- 
ajjes to Avhicli the Government is entitled under the several cases set 
forth, is based upon the decision of the United States Su[)reme Court, 
at its October term, 1882, in the case of Wooden-ware Company vs. The 
United States (10(5 U. S., 432): 



32 

Department of the Intekior, 

General Land Office, 
\V(uhington D. C, March 1, 1883. 

■Special Timber Agents, General Land Office, : 

Gentlemen: Respecting the measure of damages to Avhich the Government is entitled 
in settlement for timber trespass upon the public domain, the United States Supreme 
Court has recently decided that — 

1. Where the trespasser is a knowing and willful one, the full value of the property 
at the time and place of demand, with no deduction for labor and expense of the de- 
fendant, is the proper rule of damages. 

2. Where the trespasser is an unintentional or mistaken one or an innocent purchaser 
from such a trespas.ser, the value of the timber at the time when first taken by the tres- 
passer, or if it has been converted into other material, its then value, less what the labor 
and expense of the trespasser and his vender have added to its value, is the proper rule 
of damages. 

3. Where a person or corporation is a purchaser without notice of wrong from a willful 
trespasser, the value at the time of purchase should be the measure of damages. 

You will, therefore, in cases where settlement is contemplated, state the facts and 
circumstances attending the cutting and the purchase of the timber, in such clear and 
definite manner that the Supreme Court decision, above referred to, can l)e readily applied. 
In cases where settlement with an innocent purchaser of timber cut unintentionally, 
through inadvertence or mistake, is contemplated, you are instructed to report as nearly 
a,5 possible the damage to the Government as measured by the value of the timber before 
cutting. 

Very respectfully, 

N. C. McFARLAND, 

Commissioner. 

Department of the Interior, 

3Iarch 1, 1883. 
Approved : 

H. M. TELLER, 

Secretary. 

^ Department of the Interior, 

General Land Office, 
Washington, D. C, April 5, 1883. 
Tn Registers and Receivers, United State,'< Land Offices, and Special Agents: 
Gentlemen: You are instructed to circulate the following notice in your district: 
NOTICE EELATIVE TO UNLAWFUL INCLOSURES OF PUBLIC LANDS. 

In view of the numerous complaints of the unlawful inclosures of public lands for 
:stock range purposes, and consequent impediment to settlements, all persons are hereby 
notified as follows: 

The public lands are open to settlement and occupation only under the public land 
laws of the United States, and any unauthorized appropriation of the same is trespass. 

Such trespass is equally offensive to law and morals as if upon private property. 

The fencing of large bodies of public land beyond that allowed by law is illegal, and 
.against the i^ight of others who desire to settle or graze their cattle on the inclosed tracts. 

Until settlement is made, there is no objection to grazing cattle or cutting hay on Gov- 
ernment land, provided the lands are left open to all alike. 

Graziers will not be allowed, on any pretext whatever, to fence the public lands and 
thus practically withdraw them from the operation of the settlement laws. 

This Department wall interjxtse no objections to the destruction of these fences by per- 
sons who desire to make bona fide settlement on the inclosed tracts, but are prevented 
by the fences, or by threats or violence, from doing so. 

The Government will take proper proceedings against persons unlawfully inclosing 
tracts of public land whenever, after this notice, it shall appear that by such inclosures 
they prevent settlements on such lands |by others who are entitled to make settlement 
under the public land laws of the L^nited States. 
Very respectfully, 

N. C. McFARLAND, 

Coinmissioner. 

Department of the Interior, 

April 5, 1883. 
Approved: 

H. M. TELLER, 

Secrekiri/. 



FORMS 

PRESCRIBED BY THIS OFFICE FOR THE OFFICIAL USE OF SPECIAL TIMBER 

AGENTS. 



do solemnly 



Oath of Office. 

•that I have never voluntarily home amis against 



the United State.s since I have tbeen a citizen thereof; that I have voluntarily given no 
aid, countenance, counsel, or encouragement to persons engaged in armed hostility 
thereto; that I have neither sought nor accepted, nor attempted to exercise the functions 
of, any office whatever, under any authority, or pretended authority, in hostility to the 
United States; that I have not yielded a voluntary support to any pretended govern- 
ment, authority, power, or constitution within the United States, hostile or inimical 

thereto. And I do further that, to the best of my knowledge and ability, I will 

support and delend the Constitution of the United States against all enemies, foreign and 
domestic; that I will bear true faith and allegiance to the same; that I take this obliga- 
tion freely, without any mental reservation or pirrpose of evasion; and that I will well 
and faithfully discharge the duties of the office on which I am about to enter, so help 
me God. 



Sworn to and subscribed before me this 



day of 



-,A.D. 188- 



WEEKI>Y REPORT. 



Report of 



— , special a<ient G. L. 0., for week commencing the 
-, 188-, and ending the day of , 188-. 



day of 



i 
p 


Day of week. 


Name of place vis- 
ited. . 


Nature of business. 
Note. — AVhen the nature of Vjusiness requires 
amoreextended explanation than the space 
allotted to each day permits, state same in an 
accompanying letter. 




Monday 








Tuesday 








Wednesday .- 




» 




Thursday 








Friday 




' 


Saturday 


i 



188 



I, , a special agent of the General Laud Office, 

do hereby certify that I have performed the services stated, 
and that the above report is correct. 



(Note.— Date, place, and State above.) 

124S.1 3 



Special Agent. 
33 



34 

3. 

VOUCHER FOR BOARD AND LODGING. 

(4—158.) . . 

No. — . 3 

Received, , 188-, from , special agent General Land Office, 

dollars for board and lodging from to , 188-, inclusive, days, 

at $ per day. 

$ . Name: . 



PostOflace: . . 

4. 

VOUCHEE FOE SPECIAL TRANSPORTATION. 

(4—159.) 

No. — . ] 

Received, — • , 188-, from , special agent General Land Office, 

dollars for hire of horse — and vragon, witli driver, — eluding 

expenses, from to , distance miles; from , to , 188-, 

inclusive, days, at $ — — per day. 



Name: 



Post Office: 



5. 

VOUCHER FOE MISCELLANEOUS (AUTHORIZED) EXPENDITUBES. 

(4—160.) 

No. — . ] ■ Authorized , 188-. 

Received, , 188-, from , special agent General Land Office, 

dollars for from to , 188-, inclusive, days, at $ 

per day. 



Name: 



Post Office: 



RAILROAD TEANSPOETATION ORDER. 



It la not deemed necessary to give the form of transportation order here, as such aft 
order, to be valid, must first be signed by the honorable Commissioner of the General 
Land Office, and the occasion can never arise where it vfill be necessary or proper for a 
special agent to draft such an order, should his supply be exhausted. 



PHYSICIAN'S CERTIFICATE, IN CASE OF SICKNESS FOR A PERIOD EXCEEDING TWO 

CONSECUTIVE DAYS. 



(Give post office address and date:) 



-, 188-. 



I hereby certify that I am a regularly practicing physician, and as such rendered con- 
tinuous service to from to , 188-, inclusive ; and that it is 

my professional opinion that he was, in consequence of sickness, unable to attend to or- 
dinary business from to , .188-, inclusive. 

, M. D. 

I do certify on oath to the above facts. 



Special Agent. 
Sworn to and subscribed before me, this day of , 188-. 



Notary Public. 



35 



REPORT OF TIMBER TRESPASS. 

It is not deemed necessary to print the form of report here, as all the requirements are 
embodied under the head of "Manner of making report of timber trespass," pages — 
to — . 



RELEASE OF TIMBER OR LUMBER. 



I, , a member of the firm of 

engaged in the business of ; that place of business is at 

of ; that during the months of and , 18 



, do hereby certify that 
county ■ 



came possessed of 



which is now lying at 



purchased or be- 
that at the time said 



had no knowledge or information that the same was cut from CJovernment land, 
but had taken reasonable precautions to satisfy to the contrary, having now in- 
formed, and have satisfied that said was unlawfully cut from during the 

years 18 — and 18 — , and being desirous of restoring said property to its rightful owner, 
and of avoiding any legal proceedings in the premises, do hereby voluntarily relin- 
quish and release to the United States all right, title, and interest in and to said 



ask that 



and in consideration of said release and the circumstances above set forth 
be relieved from all further liability in the premises. 



for 



Subscribed and sworn to before me this 
[seal.] 



dav of - 



188-. 



10. 



PROPOSITION OF SETTLEMENT. 



Honorable Commissioner of the General Land Office, 
Washington, D. C, , : 



188-. 



of 



Sir: I, 



at 



— , a member of the firm of 
county of , in the 



of- 



and- 



Qertify that, during the months of 

sisting of , said timber now lying 



188-, 



-, engaged in the business 
-, do hereby repiesent and 
certain timber con- 



and that said timber was cut 



from the following described Government lands, and was 
following circumstances: 



by 



under the 



further certify that the value of said timber in the position and condition it was 

in when first informed or became aware that the same was cut from Government 

land was $ per ; that at the time it was cut, the value of the same standing in 

the tree was | ■ per ; that the value when felled and cut up into logs was $ 

per , and the market value of the same at the boom or mill yard was | per 

, now informed by , a special timber agent of your office, that ■ 



liable to 



and • 



• prosecution for the value of said timber and the damages sus- 
tained by the Government, the same having been unlawfully cut from Government land. 
As an acknowledgment of the rights of the Government in the premises, and for the 
purpose of avoiding litigation, hereby offer to pay unto the United States in set- 
tlement for said the sum of , being at the rate of $ per for said 

timber, said payment to be made to the receiver of public moneys at , or in such 

other manner as you may direct, within days from the date of notification of accept- 
ance of this proposition, and in consideration of. such payment, and the circumstances 

hereinbefore set forth, I respectfully ask that I be relieved from or from any further 

liability in the premises. 



Subscribed and sworn to before me 
188-. 
[seal.] 




11. 

AFFIDAVIT WHERE LAND IS MINERAL. 

I, , a resident of , county of , in the of , do 

hereby certify that I am well acquainted with the character of the land described as , 

situated in the of , upon which it is alleged that , a resident of 

, county of , in the of , has cut and removed or caused others 

to cut and remove timber to the extent of ; t"hat my personal knowledge of said land 

is such as to enable me to testify understandingly vdth regard thereto; that there is to my 
certain knowledge within the limits thereof certain veins or lodes of quartz or other rock 

in place bearing or other valuable mineral deposit; that said lands are indisputably 

mineral in character and not subject to entry under existing laws of the United States 
except for mineral entry, that said lands are not solely valuable for the timber thereon, 
and are unfit for agricultural purposes or for cultivation. 

Subscribed and sworn to before me, , at , this day of , 

188-. \ • 

. [seal.] . • 

12. 

AFFIDAVIT WHERE LAND I.S NON -MINERAL. 

I, , a resident of , county of , in the of , do 

hereby certify that I am well acquainted with the character of the land described as -, 

situated in the of , upon which it is alleged that , a resident 

of , county of , iu the of , has cut and removed or caused others 

to cut and remove timber to the extent of — '■ ; that my personal knowledge of said 

land is such as to enable me to testify understandingly with regard thereto ; that there is not, 
to my certain knowledge, within the limits thereof, any vein or lode of quartz or other rock in 
place bearing gold, silver, copper or other valuable mineral deposit; that said land is in- 
disputably non-mineral in character valuable for and subject to entry under ex- 
isting laws of the United States for . 



Subscribed and sworn to before me, , at , this day of ■ 

188-. 
[seal.] 



IIsT J3EX. 



Page. 
Act of March 3, 1875, grantiug to right-of-way railroads the right to take tim- 
ber for certain purposes .! 10 

March 3, 1875, protection of ornamental and other trees on Government 

reservations 22 

June 3, 1878, authorizing residents of Colorado, Nevada, and the Terri- 
tories to fell and remove timber from mineral lands for mining and do- 
mestic purposes 7 

June 3, 1878, sale of timber lands in California, Oregon, Nevada, and 

Washington Territory 22 

June 15, 1880, settlement of trespass by purchase of lands trespassed 

upon •- 26 

Acts of Congress, sections 2460, 2461, 2462, 2463, 4205, quoted 21 

sections 4751, 5388 22 

section 3469 28 

Adjacent to line of railroad, definition of expression 10 

Advice, agent may apply to United States attorney for 20 

Affidavit in cases where land is mineral (form 11) or non-mineral (form 12) 36 

Agents, special timber, designation of 5 

qualifications of 5 

duties of 12,13,20 

expenses of 19 

appointed by railroads for procuring timber 10, 11 

Agricultural and domestic purposes, timber may be used for. (See " Domestic") 
Arizona Territory, act regarding the removal of timber from mineral lands in. 7 

Attorney, United States, agent may apply to him for legal advice 20 

may begin suit on application of agent in case of emergency 18 

Board and lodging voucher, form of (No. 3) 34 

Bolles Wooden-Ware Company, case of, circular based upon, March 1, 1883.... 31,32 

Brush of trees must be taken care of 7, 8, 11, 12, 30 

California, act relative to sale of timber lands in, June 3, 1878 22, 23, 24 

Cedar timber. (See "Red cedar.") 

Cert) ficate, phvsiciau's, form of (No. 7) 34 

Circular of August 16, 1878, under act of June 3, 1878 24,25,26 

October 15, 1880, under act of June 16, 1880 27, 28 

July 1, 1882, uuderactof June3, 1878 7 

September 21, 1882, relative to forest fires, waste, &c 30 

October 12, 1882, relative to "Mesquite". .• 31 

March 1, 1883, relative to measure of damages to which Govern- 
ment is entitled for timber trespass 31, 39 

March 5, 1883, underact of March 3, 1875 10,11 

March 8, 1883, relative to forest fires 30 

April 5, 1883, relative to unlawful iuclosures of public land 32 

Civil suit may be instituted, when 12 

Claims and entries which are never consummated 13 

Classes of Government land 6 

Collectors of customs, duty to prevent trespass 21 

Colorado : Act authorizing citizens to cut timber for mining and domestic pur- 



poses 



Compromise, law relati ve thereto •" 29 

terms and manner of effecting 16 

Coucealmeiut or removal of evidence of trespass 17 

Criminal snit may be instituted, when 12 

cannot be compromised 16 

barred after the lapse of three years 12 

Cultivation and improvement of land justifies the cutting of the necessary 

timber 6 

Customs officers in Alabama, duties of 21 

Dakota Territory, act authorizing the cutting of timber for certain purposes in. 7 

Damages, measure of, in cases of timber trespass 12, 16, 31, 32 

37 



38 INDEX. 



Decisions aud opinions iu relation to timber trespass, extracts from 29 

Diagrams, whence obtained, and how used 20 

Diameter of timber allowed to be cnt. (See "Size.") 

Domestic and agricultural purposes, timber may be used for 6, 7, 13, 23, 24, 49 

Eight inches, no timber of less diameter to be cut. (See "Size.") 

Emergency, duty of agent in cases of 17, 18, 30 

Enclosing public lands. (See " Inclosure.") 

Expenses of timber agents .*. . 19, 34 

Expenditures, miscellaneous, voucher for 34 

Exportation of Government timber from a State or Territory 7, 8, 9, 21, 24 

Fence to inclosures of Government reservations must not be broken down .*... 22 

Fencing public lauds prohibited (circular of April 5, 1883) 32 

Fires, forest, circular regarding (September 21, 1882) 30 

instructions relative to 8, 30 

Florida, special act regarding destruction of timber in 21 

Forest fires. (See "Fires.") 

Forms for use of special agents: 1. Oath of office; 2. Weekly report; 3, 4, and 
5. Vouchers; 6. Transportation orders; 7. Physician's certificate; 8., Re- 
port of timber trespass; 9. Release of timber or lumber; 10. Proposition of 
settlement; 11. Affidavit where laud is mineral; 12. Affidavit where land 

is non-mineral 33-36 

Government lands, classes of _ 6 

Grazing permitted on Government lands 32 

Graziers not allowed to inclose Government land 32 

Hay may be cut from Government land 32 

Homestead entries, regulations regarding the cutting of timber upon 6, 29 

Idaho Territory, act regarding the cutting of timber in 7 

Inclosure of public lands not allowed (circular of April 5, 1883) 32 

to Government reservation (gate, fence, hedge, or wall) must not be 

left open : 22 

Indian reservations, timber upon '. 9 

Informers of timber trespasses to have a share in certain cases 22 

Laws relating to Government timber. (See "Acts.") 

Legal advice, agent may consult United States attorney for 20 

Limitation of time within which suit can be instituted 12 

Live-oak and red cedar timber, laws against the cutting and removal of 21 

Lumber. (See "Timber.") 

Mesquite, circular relative to (October 12, 1882) 31 

Military reservations, timber must not be cut from 9 

Mine owners must protect their own interests 9 

Mineral lands, defiuition of ^ 7, 6, 9 

trespass upon, prohibited 7,25 

districts, act authorizing inhabitants thereof to fell and remove timber 

for mining and domestic purposes, June 3, 1878 7 

Miscellaneous expenditures, voucher for (form No. 5) 34 

Montana Territory, inhabitants thereof may fell and remove timber in certain 

cases ." 7 

Names should be written in full* and spelled correctly 13,14 

Naval reservations 9 

Navy, Secretary of, duty in certain cases 21, 22 

Nevada, act authorizing inhabitants thereof to fell and remove timber for cer- 
tain purposes, June 3, 1878 . , 7 

act relative to sale of timber lands in. June 3, 1878 22 

New Mexico, act authorizing inhabitants thereof to fell and remove timber for 

certain purposes 7 

Non-mineral, affidavit that land is 36 

Non-residents have no right to cut timber on Government land 8 

Oath of office, form of (No. 1) 33 

Object of protecting timber upon Government lands 5, 12, 13 

Opinions and decisions in timber trespass cases, extracts from 29 

Orders, transportation, instructions relative to use of 19 

form of (No. 6) 34 

Oregon, act relative to sale of timber lands iu, June 3, 1878 22,24 

Ornamental aud other trees on Government reservation, act relative to, March 

3, 1875 22 

Payment of $2.50 per acre to relieve trespasser in certain cases 24 

Penalty for trespassing upon Government timber 7,21,22,23 

Physician's certificate, form of (No. 7) 34 

Pre-emption entries, lands covered by * 6, 29 



INDEX. 39 

Page. 

Prevention of timber trespass 18 

Proposition of settlement, form of (No. 10) 35 

instructions relative to 16, 17 

Purchase of lauds trespassed ujion in settlemont of trespass, act of June 15, 1880 . 26 

Qualifications of si>ecial tinilier ajreuts 5 

Railroads, act granting right to take timber from public lands for certain pur- 
poses, March ;J, 1875 10 

* their rights in mineral districts 9, 10, 11 

sale of timber to them not allowed 11 

prohibited from carrying timber or lumber unlawfully cut 24 

•transportation order (form No. 6) 34 

Record of cases investigated, instructious relative to 18 

Red cedar and live-oak, law proliibitiug the destruction of 21 

Registers and receivers to act as guardians of the public timber 7, 21 

Release of timber or lumber, instructions relative to 17 

form of (No. 9) 35 

Removal or concealment of evidence of trespass 17 

Report of timber trespass, instructious relative to manner of making 13, Ife, 20 

weekly, instructions relative to 18, 19 

form (No. 2) 35 

Reservations, Government, act for protection of ornamental and other trees 

upon 22 

military, naval, Indian, and other 9 

Revised Statutes, sections quoted. (See "Acts.") 

Sale of timber lands in California, Oregon, Nevada, and Washington Territory, 

act relative to, June 3, 1878 22 

to railroads not allowed 11 

Scaling, cost of to be paid by the trespasser 12, 17, 19 

Secretary of the Navy, duty iu certain cases 21,22 

Seizure of timber or lumber, instructions relative to 12, 17 

Settlement of trespass by purchase of the lands trespassed upon, act of June 

15, 1880...'. 26,27 

instructions relative to 16, 17 

proposition of (form No. 10) 35 

Special instructions to special timber agents 20 

transportation, form of voucher for 34 

Size of trees the cutting of which is permitted 7,8, 9, 11, 12, 14,30 

Stumpage, definition of 16 

no uniform rate can be prescribed 16 

Suits, civil aud criminal 12 

Survey, cost of, to be paid by trespasser 12, 17, 19 

Territories, act authorizing residents thereof to fell and remove timber from 

mineral lands for mining and domestic purposes, June 3, 1878 7 

Timber agents. (See "Ageuts.") 

after being felled, is no longer realty 12 

acts regarding. (See "Acts.") 
Tops and laps of trees must be taken care of. (See "Brush.") 

Transportation orders, form of 34 

instructions, relative to use of 19 

special voucher for 34 

Trees, ornamental and other, on Government reservation 22 

Trespass, timber, definition of 12 

Trespassers, who are considered primarily guilty 13 

Utah Territory, act authorizing the residents thereof to fell and remove timber 

in certain cases 7 

Vacant public land, definition of '. 6 

Value of timber cut and removed should be stated in report 15 

how estimated 12, 15, 31 

Vessels, forfeiture of, for trespass 21, 23 

Washington Territory, act relative to sale of timber lands in, June 3, 1878 44 

Waste and destruction of public timber prohibited 7, 8, 14, 15, 23 

circular of September 21, 1882 30 

Weekly report, form of 33 

instructions relative to making 18, 19 

Witnesses, instructions relative to obtaining 13, 15 

Wooden Ware Company v. United States, circular based upon decision in 31 

Wyoming Territory, act authorizing residents thereof to fell and remove tim- 
ber from mineral lands for mini ug and domestic purposes 7 



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